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Judgment of the Court (Fifth Chamber) of 12 March 2009. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Directive 96/82/EC - Article 11(1)(c) - External emergency plans - Failure to transpose within the prescribed period. # Case C-289/08.
ECLI:EU:C:2009:154
62008CJ0289
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(Case C‑289/08)
Failure of a Member State to fulfil obligations – Directive 96/82/EC – Article 11(1)(c) – External emergency plans – 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. 7)
Re:
Failure of a Member State to fulfil obligations – Failure to draw up external emergency plans for the measures to be taken outside establishments falling within Article 9 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 draw up within the prescribed period 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.
2.Orders the Grand Duchy of Luxembourg to pay the costs.