CELEX: 62008CA0401
Language: en
Date: 2009-04-02 00:00:00
Title: Case C-401/08: Judgment of the Court (Seventh Chamber) of 2 April 2009 — 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 — Article 11(1)(c) — Drawing up of external emergency plans for the measures to be taken outside the establishment — Failure to transpose within the prescribed period)

20.6.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 141/19
            
         Judgment of the Court (Seventh Chamber) of 2 April 2009 — Commission of the European Communities v Republic of Austria
   (Case C-401/08) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 96/82/EC - Major-accident hazards involving dangerous substances - Article 11(1)(c) - Drawing up of external emergency plans for the measures to be taken outside the establishment - Failure to transpose within the prescribed period)
   2009/C 141/32
   Language of the case: German
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: B. Schima and A. Sipos, Agents)
   
      Defendant: Republic of Austria (represented by: E. Reidl, Agent)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Infringement 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 establishments
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by failing to draw up an external emergency plan for all establishments subject to the provisions of Article 9 of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazard sinvolving dangerous substances, as amended by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003, the Republic of Austria has failed to fulfil its obligations under Article 11(1)(c) of that Directive;
            
         
               2.
            
            
               Orders the Republic of Austria to pay the costs.
            
         
      (1)  OJ C 327, 20.12.2008.