Case C-226/05: Judgment of the Court (Fifth Chamber) of 5 October 2006 — Commission of the European Communities v Republic of Austria (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)
Date: 2006-12-02
Institutions: Court of Justice
Subjects: Austria, European Commission, accident prevention, action for failure to fulfil an obligation, dangerous substance, environmental risk prevention, industrial hazard, location of industry, national implementing measure, public health

2.12.2006

EN

Official Journal of the European Union

C 294/15

— punishable acts consisting of exporting and of importing the
same narcotic drugs and which are prosecuted in different
Contracting States party to that Convention are, in principle,
to be regarded as ‘the same acts’ for the purposes of Article 54
of the Convention, the definitive assessment in that respect
being the task of the competent national courts.

2. The ne bis in idem principle, enshrined in Article 54 of that
Convention, falls to be applied in respect of a decision of the judi-
cial authorities of a Contracting State by which the accused is
acquitted finally for lack of evidence.

(1) OJ C 155, 25.06.2005.

supplies and explosives and the legislation of the Land Salz-
burg 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.

(1) OJ C 171, 09.07.2005.

Judgment of the Court (Fifth Chamber) of 5 October 2006
— Commission of the European Communities v Republic
of Austria

(Case C-226/05) (1)

(Failure of a Member State to fulfil obligations — Directive
96/82/EC — Major-accident hazards involving dangerous
to transpose within the period
substances — Failure
prescribed)

Judgment of the Court (First Chamber) of 5 October 2006
— Commission of the European Communities v French
Republic

(2006/C 294/24)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Schima, Agent)

Defendant: Republic of Austria (represented by: E. Riedl, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure fully to
transpose Articles 8(2)(b), 11, 12 and 24(1) of Council Direc-
tive 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 (Fifth Chamber):

(Case C-232/05) (1)

(Failure of a Member State to fulfil obligations — State aid
— Aid granted to Scott Paper SA/Kimberly-Clark — Obliga-
tion of recovery — Non-execution owing to the application of
a national procedure — National procedural autonomy —
Limits — ‘National procedure allowing immediate and effec-
tive execution’ for the purposes of Article 14(3) of Regu-
lation (EC) No 659/1999 — National procedure providing
that actions brought against demands for payment issued by
national authorities have suspensory effect)

(2006/C 294/25)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. Giolito, Agent)

Defendant: French Republic (represented by: G. de Bergues and
S. Ramet, Agents)

1. Declares that, by failing to transpose, within the period prescribed:

Re:

— 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

Failure of a Member State to fulfil obligations — Failure to
execute within the prescribed period Commission Decision
2002/14/EC of 12 July 2000 on the State aid granted by
France to Scott Paper SA/Kimberly-Clark (OJ 2002 L 12, p. 1)