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Case C-392/08: Judgment of the Court (Third Chamber) of 25 March 2010 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 96/82/EC — Control of major-accident hazards involving dangerous substances — Article 11(1)(c) — Obligation to draw up external emergency plans — Time-limit)
ECLI:EU:UNKNOWN:62008CA0392
62008CA0392
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22.5.2010
Official Journal of the European Union
C 134/5
(Case C-392/08) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Directive 96/82/EC - Control of major-accident hazards involving dangerous substances - Article 11(1)(c) - Obligation to draw up external emergency plans - Time-limit)
2010/C 134/06
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: S. Pardo Quintillán and A. Sipos, Agents)
Defendant: Kingdom of Spain (represented by: B. Plaza Cruz, Agent)
Re:
Failure of a Member State to fulfil obligations — Breach 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 establishment
Operative part of the judgment
The Court:
1.Declares that, by failing to draw up external emergency plans for all establishments to which Article 9 of Directive 96/82/EC 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) thereof;
2.Orders the Kingdom of Spain to pay the costs.
(<span class="super">1</span>) OJ C 272, 25.10.2008.