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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.
ECLI:EU:C:2009:233
62008CJ0401
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(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.