Judgment — ECLI:EU:C:2006:650
Date: 2006-10-05
Language of the case: German
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: Austria

Judgment of the Court (Fifth Chamber) of 5 October 2006 – Commission v Austria (Case C-226/05) Failure of a Member State to fulfil obligations – Directive 96/82/EC – Major-accident hazards involving dangerous substances – Failure to transpose within the period prescribed Actions for failure to fulfil obligations – Examination of 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 fully to transpose Articles 8(2)(b), 11, 12 and 24(1) 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: The Court: 1. Declares that, by failing to transpose, within the period prescribed: – the provisions of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances into the national legislation on blasting supplies and explosives and the legislation of the Land Salzburg on electricity; – Article 11 of Directive 96/82 in the Länder of Salzburg, Styria and Tirol; – Article 12 of Directive 96/82 in the Land of Upper Austria; and – Article 8(2)(b) of Directive 96/82 in the Länder of Upper Austria, Salzburg and Tirol, the Republic of Austria has failed to fulfil its obligations under that directive; 2. Orders the Republic of Austria to pay the costs.