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Judgment of the Court (Sixth Chamber) of 24 May 2007. # Commission of the European Communities v Portuguese Republic. # Failure of Member State to fulfil obligations - Directive 2003/105/EC - Protection of workers - Control of major-accident hazards involving dangerous substances - Failure to transpose within the prescribed period. # Case C-375/06.
ECLI:EU:C:2007:307
62006CJ0375
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(Case C‑375/06)
Failure of a Member State to fulfil its obligations – Directive 2003/105/EC – Protection of workers – Control of major-accident hazards involving dangerous substances – Failure to transpose within the prescribed period
Actions for failure to fulfil obligations – Examination of 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. 8)
Re:
Failure of a Member State to fulfil its obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (OJ 2003 L 345, p. 97).
Operative part
The Court:
Declares that, by not adopting, within the prescribed period, the laws regulations and administrative provisions necessary to comply with Article 2 of Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major‑accident hazards involving dangerous substances, the Portuguese Republic has failed to fulfil its obligations under that directive;
Orders the Portuguese Republic to pay the costs.