EN

Official Journal of the European Union

C 197/13

(Case C-218/08)

(2008/C 197/23)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: B. Schima and D. Recchia, acting as Agents)

Defendant: Commission of the European Communities

Form of order sought

—declare that, by failing to draw up external emergency plans for all the establishments for which those plans are required, the Italian Republic 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, as amended by Directive 2003/105/EC;

—order the Italian Republic to pay the costs.

Pleas in law and main arguments

The Seveso II directive pursues the objective of preventing major-accident hazards involving dangerous substances and limiting their consequences for man and the environment. It is clear that the drawing up of external emergency plans is a fundamental provision of that directive: it ensures that in the case of accidents urgent measures are adopted to limit their consequences.

Article 11 applies, by virtue of the references made in Article 9 and Article 2 of the directive, to all establishments where dangerous substances are present in quantities equal to or in excess of the quantities listed in Annex I, Parts 1 and 2, column 3.

The Italian authorities confirm with data from their own sources that not all the establishments which ought to have external emergency plans have actually been provided with such plans.

* * *

(1) OJ L 10 of 14.1.1997, p. 13.

(2) OJ L 345 of 31.12.2003, p. 97.