Notice for the OJ

 

Action brought on 9 April 2004 by Lapin liitto, Enontekiön kunta, Inarin kunta, Utsjoen kunta and Unto Autto against the Commission of the European Communities

(Case T-141/04)

Language of the case: Finnish

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 9 April 2004 by Lapin liitto (Lapland Region), Enontekiön kunta (municipality of Enontekiö), Inarin kunta (municipality of Inari), Utsjoen kunta (municipality of Utsjoki) and Unto Autto, reindeer herder, represented by Kari Marttinen, lawyer, and Professor Pertti Eilavaara.

The applicants claim that the Court should:

-    annul and delete the data on sites concerning Finland from the Commission's decision as unlawful as explained in the application,

-    annul in particular the Pallas-Ounastunturin kansallispuisto protected site (FI1300101) as infringing the rights of the applicant reindeer herder Unto Autto and unlawful,

-    reimburse the legal costs of the proceedings in full with interest determined from the date of judgment.

Pleas in law and main arguments

The Commission's decision was adopted on the following principal unlawful bases:

-    The Commission exceeded its jurisdiction when it approved the list of sites submitted by Finland.

-    The Commission did not check the lawfulness of Finland's decision in accordance with the Treaty of Rome or as required by the nature directive, so that its own decision-making is based on a procedure contrary to Annex III to the nature directive.

-    Finland drew up its own decision on sites contrary to Community law, since it did not apply the Community law nature directive in accordance with Annex III to the directive, as confirmed by the Court of Justice of the European Communities in several judgments.

-    Objectors were not heard as regards the formation of the alpine regional sites, and the other preparation of the matter was not based in Finland on the procedure laid down by the nature directive.

-    Reindeer herder Unto Autto in particular considers that the Commission's decision on the protection of alpine areas does not safeguard his fundamental rights, since the decisions has legal effects but his fundamental rights are not safeguarded. Fundamental rights mean the rights under the Finnish constitution to protection of property, freedom to carry on an occupation, and protection of culture. The Commission's decision also infringes the fundamental rights recognised by the European Union and applied in consistent practice.

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