Judgment — ECLI:EU:C:2009:154
Date: 2009-03-12
Language of the case: French
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Luxembourg

Judgment of the Court (Fifth Chamber) of 12 March 2009 - Commission of the European Communities v Grand Duchy of Luxembourg (Case C-289/08) 1 (Failure of a Member State to fulfil its obligations - Directive 96/82/EC - Article 11(1)(c) - External emergency plans - Failure to transpose within the period prescribed) Language of the case: French Parties Applicant: Commission of the European Communities (represented by: G. Rozet and A. Sipos, acting as Agents) Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, acting as Agent) Re: Failure of a Member State to fulfil its obligations - Failure to draw up external emergency plans for the measures to be taken outside establishments subject to Article 9 of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (OJ 1997 L 10, p. 13) Operative part of the judgment The Court: 1. Declares that, by failing to draw up within the period prescribed an external emergency plan for the measures to be taken outside establishments subject to Article 9 of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 11(1)(c) of that directive. 2. Orders the Grand Duchy of Luxembourg to pay the costs. ____________ 1 - OJ C 223, 30.08.2008.