Judgment of the Court (Fifth Chamber) of 12 March 2009 – Commission v Luxembourg
(Case C‑289/08)
Failure of a Member State to fulfil obligations – Directive 96/82/EC – Article11(1)(c) – External emergency plans – 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. 7)
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, L10, p.13). |
Operative part
The Court:
1. |
| Declares that, by failing to draw up within the prescribed period an external emergency plan for the measures to be taken outside establishments subject to Article 9 of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article11(1)(c) of that directive. |
2. |
| Orders the Grand Duchy of Luxembourg to pay the costs. |