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Case C-424/08: Action brought on 25 September 2008 — Commission of the European Communities v Federal Republic of Germany
ECLI:EU:UNKNOWN:62008CN0424
62008CN0424
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21.3.2009
EN
Official Journal of the European Union
C 69/16
(Case C-424/08)
(2009/C 69/27)
Language of the case: German
Parties
Applicant: Commission of the European Communities (represented by: B. Schima and B. Sipos, Agents)
Defendant: Federal Republic of Germany
Form of order sought
—declare that the Federal Republic of Germany has failed to fulfil its obligations under Article 11(1)(c) of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances, inasmuch as the competent German authorities have failed to draw up external emergency plans for all establishments to which Article 9 of the said Directive applies;
—order the Federal Republic of Germany to pay the costs.
Pleas in law and main arguments
Article 11(1)(c) of Directive 96/82/EC requires Member States to ensure that, for all establishments to which Article 9 applies, the competent authorities draw up an external emergency plan for the measures to be taken outside the establishment. The external emergency plans must contain not only information concerning remedial measures on-site and off-site, but also specific information for the public concerning the accident and the requisite behaviour to be adopted. In addition, the information intended for the emergency services of other Member States in the case of a major accident which is capable of causing transboundary effects must also appear in the external emergency plans.
The present action seeks a declaration that the Federal Republic of Germany has failed to fulfil its obligations under Article 11(1)(c) of Directive 96/82/EC, inasmuch as it has failed to draw up external emergency plans for all establishments to which Article 9 of the said Directive applies.