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Case C-30/09: Action brought on 22 January 2009 — Commission of the European Communities v Portuguese Republic
ECLI:EU:UNKNOWN:62009CN0030
62009CN0030
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4.4.2009
EN
Official Journal of the European Union
C 82/15
(Case C-30/09)
(2009/C 82/27)
Language of the case: Portuguese
Parties
Applicant: Commission of the European Communities (represented by: A. Sipos and P. Guerra e Andrade, acting as Agents)
Defendant: Portuguese Republic
Forms of order sought
—Declare that, by not drawing up external emergency plans for the establishments requiring such plans, the Portuguese Republic has failed to fulfil its obligations under Article 11 of Council Directive 96/82/EC (1) 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;
—Order the Portuguese Republic to pay the costs.
Pleas in law and main arguments
It is apparent from the letters sent by the Portuguese Administration to the Commission in this matter that none of the establishments required to draw up emergency plans has had its external emergency plan approved in accordance with the directive.
Article 11 of Directive 96/82 requires Member States to ensure that operators supply to the competent authorities the information necessary to draw up external emergency plans. The competent authorities must prepare such emergency plans.
Under Article 11(4) of the directive, internal and external emergency plans must be reviewed, tested, revised and updated at intervals of no longer than three years.
According to the Portuguese Administration's own information, none of those obligations has been fulfilled in Portugal.
* * *
(1) OJ 1997 L 10, p. 13.