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	Court of Justice of the European Communities (including Court of First Instance Decisions)
You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Republic of Austria (Judgment of the Court (Seventh Chamber)) [2009] EUECJ C-401/08 (2 April 2009) URL: http://www.bailii.org/eu/cases/EUECJ/2009/C40108.html Cite as: ECLI:EU:C:2009:233, [2009] EUECJ C-401/8, EU:C:2009:233, [2009] EUECJ C-401/08

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Judgment of the Court (Seventh Chamber) of 2 April 2009 – Commission v Austria

(Case C‑401/08)

Failure of a Member State to fulfil obligations – Directive 96/82/EC – Major-accident hazards involving dangerous substances – Article 11(1)(c) – Drawing up of external emergency plans for the measures to be taken outside the establishment – Failure to transpose within the prescribed period

Actions for failure to fulfil obligations – Examination of the 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. 17)

Re:

Failure of a Member State to fulfil obligations – Breach of 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 (OJ 1997 L 10, p. 13) – Failure to draw up certain external emergency plans for the measures to be taken outside the establishment.

Operative part

The Court:

1.

Declares that, by failing to draw up an external emergency plan for all establishments subject to the provisions of 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 Republic of Austria has failed to fulfil its obligations under Article 11(1)(c) of that Directive;

2.

Orders the Republic of Austria to pay the costs.