CELEX: 62009CA0030
Language: en
Date: 2009-10-15 00:00:00
Title: Case C-30/09: Judgment of the Court (Sixth Chamber) of 15 October 2009 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 96/82/EC — Article 11 — External emergency plans)

5.12.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/16
            
         Judgment of the Court (Sixth Chamber) of 15 October 2009 — Commission of the European Communities v Portuguese Republic
   (Case C-30/09) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 96/82/EC - Article 11 - External emergency plans)
   2009/C 297/19
   Language of the case: Portuguese
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: A. Sipos and P. Guerra e Andrade, Agents)
   
      Defendant: Portuguese Republic (represented by: L. Inez Fernandes, Agent)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Infringement of Article 11 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), as amended by Directive 2003/105/EC of the European Parliament and of the Council (OJ 2003 L 345, p. 97) — Failure to draw up external emergency plans for certain establishments
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by failing to ensure the implementation of the measures provided for under Article 11 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 of the European Parliament and of the Council of 16 December 2003, the Portuguese Republic has failed to fulfil its obligations under that article;
            
         
               2.
            
            
               orders the Portuguese Republic to pay the costs.
            
         
      (1)  OJ C 82, 04.04.2009.