CELEX: 62009CJ0030
Language: en
Date: 2009-10-15 00:00:00
Title: 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. # Case C-30/09.

Judgment of the Court (Sixth Chamber) of 15 October 2009 – Commission v Portugal
      (Case C‑30/09)
      Failure of a Member State to fulfil obligations – Directive 96/82/EC – Article 11 – External emergency plans
      Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 16)
      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
      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.