CELEX: 62008CA0342
Language: en
Date: 2009-03-12 00:00:00
Title: Case C-342/08: Judgment of the Court (Sixth Chamber) of 12 March 2009 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 96/82/EC — Article 11(1)(c) — Failure to draw up external emergency plans — Incomplete transposition)

16.5.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/13
            
         Judgment of the Court (Sixth Chamber) of 12 March 2009 — Commission of the European Communities v Kingdom of Belgium
   (Case C-342/08) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 96/82/EC - Article 11(1)(c) - Failure to draw up external emergency plans - Incomplete transposition)
   2009/C 113/26
   Language of the case: French
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: G. Rozet and A. Sipos, acting as Agents)
   
      Defendant: Kingdom of Belgium (represented by: T. Materne, acting as Agent)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Failure to draw up external emergency plans for the measures to be taken outside establishments falling within Article 9 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)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by failing to ensure that an external emergency plan is drawn up for all the establishments covered by Article 9 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 Kingdom of Belgium has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               orders the Kingdom of Belgium to pay the costs.
            
         
      (1)  OJ C 285, 8.11.2008.