Official Journal of the European Union

C 297/16

(Case C-30/09) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Directive 96/82/EC - Article 11 - External emergency plans)

2009/C 297/19

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: A. Sipos and P. Guerra e Andrade, Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 11 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), as amended by Directive 2003/105/EC of the European Parliament and of the Council (OJ 2003 L 345, p. 97) — Failure to draw up external emergency plans for certain establishments

Operative part of the judgment

The Court:

1.Declares that, by failing to ensure the implementation of the measures provided for under Article 11 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 Portuguese Republic has failed to fulfil its obligations under that article;

2.orders the Portuguese Republic to pay the costs.

* * *

(<span class="super">1</span>) OJ C 82, 04.04.2009.