CELEX: 62008CJ0401
Language: en
Date: 2009-04-02 00:00:00
Title: 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. # Case C-401/08.

Judgment of the Court (Seventh Chamber) of 2 April 2009 – Commission v Austria
      (Case C‑401/08)
      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
      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. 17)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Breach 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 establishment.
               
            Operative part
      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 hazards involving 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.