CELEX: C2005/281/20
Language: en
Date: 2005-11-12 00:00:00
Title: Case C-343/05: Action brought on 19 September 2005 by the Commission of the European Communities against the Republic of Finland

12.11.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 281/11
            
         Action brought on 19 September 2005 by the Commission of the European Communities against the Republic of Finland
   (Case C-343/05)
   (2005/C 281/20)
   Language of the case: Finnish
   An action against the Republic of Finland was brought before the Court of Justice of the European Communities on 19 September 2005 by the Commission of the European Communities, represented by L. Pignataro Nolin and M. Huttunen, acting as Agents, with an address for service in Luxembourg.
   The Commission claims that the Court should:
   
               1.
            
            
               declare that:
               by not ensuring that Ahvenanmaa (Åland) has transposed into its legislation Article 8a of Directive 89/622/EEC, which was added by Directive 92/41/EC and is contained in Article 8 of Directive 2001/37/EC, (1) and
               by not enduring that the prohibition in the abovementioned Community provisions of marketing nuuska (oral tobacco) is complied with on vessels registered in Finland,
               the Republic of Finland has failed to fulfil its obligations under the EC Treaty and Directive 2001/37/EC;
            
         
               2.
            
            
               order the Republic of Finland to pay the costs.
            
         Pleas in law and main arguments
   The list in Annex II to Directive 2001/37/EC mentions Directive 92/41/EEC and the time-limit for transposing its provisions into national legislation was 1 July 1992. In the case of Finland, the time-limit for transposing the provisions into national legislation based on Finland's accession was 1 January 1995, even though it must be stated that compliance with the directive was already mandatory for Finland from 1 January 1994 under the Agreement on the European Economic Area.
   
      (1)  Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products, OJ L 194 of 18.7.2001, p. 26.