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Case C-401/08: Judgment of the Court (Seventh Chamber) of 2 April 2009 — Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 96/82/EC — Major-accident hazards involving dangerous substances — Article 11(1)(c) — Drawing up of external emergency plans for the measures to be taken outside the establishment — Failure to transpose within the prescribed period)
ECLI:EU:UNKNOWN:62008CA0401
62008CA0401
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Official Journal of the European Union
C 141/19
(Case C-401/08)
(Failure of a Member State to fulfil obligations - Directive 96/82/EC - Major-accident hazards involving dangerous substances - Article 11(1)(c) - Drawing up of external emergency plans for the measures to be taken outside the establishment - Failure to transpose within the prescribed period)
2009/C 141/32
Language of the case: German
Parties
Applicant: Commission of the European Communities (represented by: B. Schima and A. Sipos, Agents)
Defendant: Republic of Austria (represented by: E. Reidl, Agent)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 11(1)(c) 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 (OJ 1997 L 10, p. 13) — Failure to draw up certain external emergency plans for the measures to be taken outside the establishments
Operative part of the judgment
The Court:
1.Declares that, by failing to draw up an external emergency plan for all establishments subject to the provisions of Article 9 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 Republic of Austria has failed to fulfil its obligations under Article 11(1)(c) of that Directive;
2.Orders the Republic of Austria to pay the costs.
(1) OJ C 327, 20.12.2008.