Judgment of the Court (Fifth Chamber) of 5 October 2006 – Commission v Austria
(Case C-226/05)
Failure of a Member State to fulfil obligations – Directive 96/82/EC – Major-accident hazards involving dangerous substances – Failure to transpose within the period prescribed
Actions for failure to fulfil obligations – Examination of 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 fully to transpose Articles 8(2)(b), 11, 12 and 24(1) 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:
The Court:
1. |
| Declares that, by failing to transpose, within the period prescribed: |
–the provisions of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances into the national legislation on blasting supplies and explosives and the legislation of the Land Salzburg on electricity;
–Article 11 of Directive 96/82 in the Länder of Salzburg, Styria and Tirol;
–Article 12 of Directive 96/82 in the Land of Upper Austria; and
–Article 8(2)(b) of Directive 96/82 in the Länder of Upper Austria, Salzburg and Tirol,
the Republic of Austria has failed to fulfil its obligations under that directive;
2. |
| Orders the Republic of Austria to pay the costs. |