CELEX: C2004/094/43
Language: en
Date: 2004-04-17 00:00:00
Title: Case C-65/04: Action brought on 13 February 2004 by the Commission of the European Communities against the United Kingdom of Great Britain and Northern Ireland.

17.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 94/20
            
         Action brought on 13 February 2004 by the Commission of the European Communities against the United Kingdom of Great Britain and Northern Ireland.
   (Case C-65/04)
   (2004/C 94/43)
   An action against the United Kingdom of Great Britain and Northern Ireland was brought before the Court of Justice of the European Communities on 13 February 2004 by the Commission of the European Communities, represented by L. Ström van Lier, acting as agent, with an address for service in Luxembourg.
   The Applicant claims that the Court should:
   
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               declare that the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Article 5(3) of Council Directive 89/618/Euratom (1) of 27 November 1989 on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency because of the lack of prior information of the population likely to be affected in the event of a radiological emergency, in connection with the local emergency plan existing in Gibraltar; and
            
         
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               to order the United Kingdom of Great Britain and Northern Ireland to pay the costs.
            
         Pleas in law and main arguments:
   Article 5(3) of the Directive, concerning the prior information of the population likely to be affected in the event of a radiological emergency, requires that the relevant information be communicated to this population without any request being made.
   The circumstances that gave rise to the Commission's inquires (repair operations of the nuclear submarine ‘Tireless’) highlighted that no prior information had been communicated in the past to the Gibraltar population likely to be affected in the event of a radiological emergency. The mere public availability of the Gibraltar Public Safety Scheme (GIBPUBSAFE) in the public library cannot be considered to meet the requirements of Article 5(3) of the Directive, which requires active communication of such information.
   
      (1)  OJ 1989 L 357, p. 31