CELEX: 62008CN0289
Language: en
Date: 2008-07-01 00:00:00
Title: Case C-289/08: Action brought on 1 July 2008 — Commission of the European Communities v Grand Duchy of Luxembourg

30.8.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 223/33
            
         Action brought on 1 July 2008 — Commission of the European Communities v Grand Duchy of Luxembourg
   (Case C-289/08)
   (2008/C 223/52)
   Language of the case: French
   Parties
   
      Applicant: Commission of the European Communities (represented by: G. Rozet and A. Sipos)
   
      Defendant: Grand Duchy of Luxembourg
   Form of order sought
   
               —
            
            
               Declare that, by not drawing up 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 (1), the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 11(1)(c) of that directive;
            
         
               —
            
            
               order Grand Duchy of Luxembourg to pay the costs.
            
         Pleas in law and main arguments
   The applicant claims that drawing up an emergency plan for the measures to be taken outside establishments subject to Article 9 of Council Directive 96/82/EC is a fundamental requirement of that directive. The Grand Duchy of Luxembourg has failed to fulfil its obligations under the directive since it has not drawn up such plans for eight operational establishments situated on its territory.
   
      (1)  OJ 1997, L 10, p. 13.