CELEX: 62008CN0401
Language: en
Date: 2008-09-17 00:00:00
Title: Case C-401/08: Action brought on 17 September 2008 — Commission of the European Communities v Republic of Austria

20.12.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 327/9
            
         Action brought on 17 September 2008 — Commission of the European Communities v Republic of Austria
   (Case C-401/08)
   (2008/C 327/15)
   Language of the case: German
   Parties
   
      Applicant: Commission of the European Communities (represented by: B. Schima, A. Sipos, Agents)
   
      Defendant: Republic of Austria
   Form of order sought
   
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               Declare that the Republic of Austria has failed to fulfil its obligations under Article 11(1)(c) of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (1), because the competent authorities in Austria failed to draw up an external emergency plan for all establishments to which Article 9 of the directive applies;
            
         
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               order the Republic of Austria to pay the costs.
            
         Pleas in law and main arguments
   Article 11(1)(c) of Directive 96/82/EC requires Member States to ensure that, for all establishments to which Article 9 applies, the authorities designated for that purpose by the Member State draw up an external emergency plan for the measures to be taken outside the establishment. Those external emergency plans must not only contain information on on-site and off-site mitigatory action, but must also contain arrangements for providing the public with information relating to the accident and the behaviour which it should adopt. Moreover, the external emergency plans must for example also contain information for the emergency services of other Member States in the event of a major accident with possible transboundary consequences.
   The objective of this application is to seek a declaration that by failing to draw up external emergency plans for all establishments to which Article 9 applies, the Republic of Austria has failed to fulfil its obligations under Article 11(1)(c) of Directive 96/82/EC.
   
      (1)  OJ 1997 L 10, p. 13.