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Case C-289/08: Action brought on 1 July 2008 — Commission of the European Communities v Grand Duchy of Luxembourg
ECLI:EU:UNKNOWN:62008CN0289
62008CN0289
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Valentina R., lawyer
30.8.2008
EN
Official Journal of the European Union
C 223/33
(Case C-289/08)
(2008/C 223/52)
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: G. Rozet and A. Sipos)
Defendant: Grand Duchy of Luxembourg
Form of order sought
—Declare that, by not drawing up an external emergency plan for the measures to be taken outside establishments subject to Article 9 of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 11(1)(c) of that directive;
—order Grand Duchy of Luxembourg to pay the costs.
Pleas in law and main arguments
The applicant claims that drawing up an emergency plan for the measures to be taken outside establishments subject to Article 9 of Council Directive 96/82/EC is a fundamental requirement of that directive. The Grand Duchy of Luxembourg has failed to fulfil its obligations under the directive since it has not drawn up such plans for eight operational establishments situated on its territory.
(1) OJ 1997, L 10, p. 13.