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Judgment of the Court (Sixth Chamber) of 15 October 2009. # Commission of the European Communities v Portuguese Republic. # Failure of a Member State to fulfil obligations - Directive 96/82/EC - Article 11 - External emergency plans. # Case C-30/09.
ECLI:EU:C:2009:636
62009CJ0030
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(Case C‑30/09)
Failure of a Member State to fulfil obligations – Directive 96/82/EC – Article 11 – External emergency plans
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. 16)
Re:
Failure of a Member State to fulfil obligations – Infringement of Article 11 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), as amended by Directive 2003/105/EC of the European Parliament and of the Council (OJ 2003 L 345, p. 97) – Failure to draw up external emergency plans for certain establishments.
Operative part
The Court:
1.Declares that, by failing to ensure the implementation of the measures provided for under Article 11 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 Portuguese Republic has failed to fulfil its obligations under that article;
2.Orders the Portuguese Republic to pay the costs.