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 Directive96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances, as amended by Directive2003/105/EC of the European Parliament and of the Council of 16December 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. |