(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,

2.the Republic of Austria has failed to fulfil its obligations under that directive;

Orders the Republic of Austria to pay the costs.