Failure of a Member State to fulfil obligations Failure to transpose within the prescribed period Directive 2004/83/EC
Sumário
Judgment of the Court (Seventh Chamber) of 5 February 2009.
Commission of the European Communities v Republic of Finland.
Failure of a Member State to fulfil obligations - Directive 2004/83/EC - Failure to transpose within the prescribed period.
Case C-293/08.
Texto da decisão
Judgment of the Court (Seventh Chamber) of 5 February 2009 – Commission v Finland
(Case C‑293/08)
Failure of a Member State to fulfil obligations – Directive 2004/83/EC – Failure to transpose within the prescribed period
Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 7)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ 2004 L 304, p. 12). |
Operative part
The Court:
|
1. |
Declares that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, the Republic of Finland has failed to fulfil its obligations under that directive; |
|
2. |
Orders the Republic of Finland to pay the costs. |