CELEX: 62005CJ0226
Language: en
Date: 2006-10-05 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 5 October 2006. # 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 - Failure to transpose within the period prescribed. # Case C-226/05.

Judgment of the Court (Fifth Chamber) of 5 October 2006 – Commission v  Austria
      (Case C-226/05)
      Failure of a Member State to fulfil obligations – Directive 96/82/EC – Major-accident hazards involving dangerous substances – Failure to transpose within the period prescribed
      Actions for failure to fulfil obligations – Examination of 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. 7)
      Re:
      
         
               Failure of a Member State to fulfil obligations – Failure fully to transpose Articles 8(2)(b), 11, 12 and 24(1) 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:
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Declares that, by failing to transpose, within the period prescribed: 
               
            –      the provisions of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous
         substances into the national legislation on blasting supplies and explosives and the legislation of the Land Salzburg on electricity; 
      
      –      Article 11 of Directive 96/82 in the Länder of Salzburg, Styria and Tirol; 
      
      –      Article 12 of Directive 96/82 in the Land of Upper Austria; and 
      
      –      Article 8(2)(b) of Directive 96/82 in the Länder of Upper Austria, Salzburg and Tirol,
      
      the Republic of Austria has failed to fulfil its obligations under that directive; 
      
         
                  2.
               
               
                  
               
               
                  Orders the Republic of Austria to pay the costs.