CELEX: C2006/294/24
Language: en
Date: 2006-12-02 00:00:00
Title: 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)

2.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 294/15
            
         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 substances - Failure to transpose within the period prescribed)
   (2006/C 294/24)
   Language of the case: German
   Parties
   
      Applicant: Commission of the European Communities (represented 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 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 (Fifth Chamber):
   
               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.
            
         
      (1)  OJ C 171, 09.07.2005.