CELEX: C2007/095/57
Language: en
Date: 2007-04-28 00:00:00
Title: Case C-118/07: Action brought on 27 February 2007 — Commission of the European Communities v Republic of Finland

28.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 95/30
            
         Action brought on 27 February 2007 — Commission of the European Communities v Republic of Finland
   (Case C-118/07)
   (2007/C 95/57)
   Language of the case: Finnish
   Parties
   
      Applicant: Commission of the European Communities (represented by M. Huttunen, H. Støvlbæk and B. Martenczuk, acting as Agents)
   
      Defendant: Republic of Finland
   Form of order sought
   
               —
            
            
               declare that, by failing to take the appropriate steps in accordance with the second paragraph of Article 307 EC to eliminate the incompatibilities relating to provisions on transfers in the international investment agreements concluded between it and the Russian Federation (the former Soviet Union), Belarus, China, Malaysia, Sri Lanka and Uzbekistan, the Republic of Finland has failed to fulfil its obligations under Article 307 EC;
            
         
               —
            
            
               order the Republic of Finland to pay the costs.
            
         Pleas in law and main arguments
   The present case concerns international investment agreements made by the Republic of Finland with the Russian Federation, Belarus, China, Malaysia, Sri Lanka and Uzbekistan before it acceded to the European Union. Provisions contained in those agreements concern the transfer of capital and payments in connection with investments. The Commission submits that those provisions in the agreements are incompatible with Community law, since as a result of those provisions Finland is unable to comply with measures taken by the EC institutions under Articles 57(2) EC, 59 EC and 60(1) EC. Since the agreements in question were made before Finland's accession to the EU, Finland is obliged to take all appropriate steps to eliminate the incompatibilities in the agreements in accordance with the second paragraph of Article 307 EC.