CELEX: 62008CA0392
Language: en
Date: 2010-03-25 00:00:00
Title: Case C-392/08: Judgment of the Court (Third Chamber) of 25 March 2010 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 96/82/EC — Control of major-accident hazards involving dangerous substances — Article 11(1)(c) — Obligation to draw up external emergency plans — Time-limit)

22.5.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 134/5
            
         Judgment of the Court (Third Chamber) of 25 March 2010 — European Commission v Kingdom of Spain
   (Case C-392/08) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 96/82/EC - Control of major-accident hazards involving dangerous substances - Article 11(1)(c) - Obligation to draw up external emergency plans - Time-limit)
   2010/C 134/06
   Language of the case: Spanish
   
      Parties
   
   
      Applicant: European Commission (represented by: S. Pardo Quintillán and A. Sipos, Agents)
   
      Defendant: Kingdom of Spain (represented by: B. Plaza Cruz, Agent)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Breach of Article 11(1)(c) of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances, as amended by Directive 2003/105/EC (OJ 1997 L 10, p. 13) — Failure to draw up certain external emergency plans for the measures to be taken outside the establishment
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by failing to draw up external emergency plans for all establishments to which Article 9 of Directive 96/82/EC of 9 December 1996 on the control of major accident hazards involving dangerous substances applies, the Kingdom of Spain has failed to fulfil its obligations under Article 11(1)(c) thereof;
            
         
               2.
            
            
               Orders the Kingdom of Spain to pay the costs.
            
         
      (1)  OJ C 272, 25.10.2008.