Finnish
The habitats of flying squirrels are protected as a result of the Habitats Directive of the EU, implemented in Finnish legislation mainly through the Nature Conservation Act and the Forest Act. In accordance with section 72 a of the Nature Conservation Act, the Centres for Economic Development, Transport and the Environment are obliged to give a decision without delay after it has been notified by the Forest Centre that a forest use declaration has been made that involves breeding sites or resting places of flying squirrels. The order should contain information on the status of such sites and the conditions for permitted management of the forest.
In the case, the Forest Centre notified the Centre for Environment that forest use declaration had been made for an area the might contain a breeding site and a rest place for flying squirrels. The Centre for environment first did not find any signs of flying squirrels on the site, but on a second visit found some signs. The Centre thus established protected area for the flying squirrels that was later revised. This was done over 6 months after the notification. The Administrative Court thus found that it had not been made without delay, and that the decision was unlawful.
The Supreme Administrative Court came to the conclusion that Section 72 a of the Nature Conservation Act could not be interpreted in such a way that decisions taken after a longer time would be made unlawful. Firstly because there is no time limit and secondly because that would compromise the protection of the flying squirrels. Thus, the case was remanded to the Administrative Court.