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Case C-392/08: Action brought on 9 September 2008 — Commission of the European Communities v Kingdom of Spain
ECLI:EU:UNKNOWN:62008CN0392
62008CN0392
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Valentina R., lawyer
25.10.2008
EN
Official Journal of the European Union
C 272/14
(Case C-392/08)
(2008/C 272/24)
Language of the case: Spanish
Parties
Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán and A. Sipos, acting as Agents)
Defendant: Kingdom of Spain
Form of order sought
—Declare that, by failing to draw up external emergency plans for all establishments to which Article 9 of Council Directive 96/82/EC (1) of 9 December 1996 on the control of major-accident hazards involving dangerous substances applies, the Kingdom of Spain has failed to fulfil its obligations under Article 11(1)(c) of Directive 96/82/EC.
—order the Kingdom of Spain to pay the costs.
Pleas in law and main arguments
According to Article 2(1) of Directive 96/82/EC, Article 9 of the directive, the Directive is to apply to establishments where dangerous substances are present in quantities equal to or in excess of the quantities listed in Annex I, Parts 1 and 2, column 3.
Under Article 11(1)(c) of that directive, Member States are to ensure that, for all establishments to which Article 9 applies, the authorities designated for that purpose are to draw up an external emergency plan for the measures to be taken outside the establishment.
The objective of this application is to seek a declaration that by failing to draw up external emergency plans for all establishments to which Article 9 applies, the Kingdom of Spain has failed to fulfil its obligations under Article 11(1)(c) of Directive 96/82/EC.
* * *
(1) OJ 1996 L 10, p. 13.