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Case C-342/08: Judgment of the Court (Sixth Chamber) of 12 March 2009 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 96/82/EC — Article 11(1)(c) — Failure to draw up external emergency plans — Incomplete transposition)
ECLI:EU:UNKNOWN:62008CA0342
62008CA0342
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Official Journal of the European Union
(Case C-342/08) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Directive 96/82/EC - Article 11(1)(c) - Failure to draw up external emergency plans - Incomplete transposition)
2009/C 113/26
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: G. Rozet and A. Sipos, acting as Agents)
Defendant: Kingdom of Belgium (represented by: T. Materne, acting as Agent)
Re:
Failure of a Member State to fulfil obligations — Failure to draw up external emergency plans for the measures to be taken outside establishments falling within Article 9 of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (OJ 1997 L 10, p. 13)
Operative part of the judgment
The Court:
1.Declares that, by failing to ensure that an external emergency plan is drawn up for all the establishments covered by 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 Kingdom of Belgium has failed to fulfil its obligations under that directive;
2.orders the Kingdom of Belgium to pay the costs.
* * *
(<span class="super">1</span>) OJ C 285, 8.11.2008.