Failure of a Member State to fulfil obligations Directive 96/82/EC Article 11 External emergency plans
Sumário
Judgment of the Court (Sixth Chamber) of 15 October 2009.
Commission of the European Communities v Portuguese Republic.
Failure of a Member State to fulfil obligations - Directive 96/82/EC - Article 11 - External emergency plans.
Case C-30/09.
Texto da decisão
Judgment of the Court (Sixth Chamber) of 15 October 2009 – Commission v Portugal
(Case C‑30/09)
Failure of a Member State to fulfil obligations – Directive 96/82/EC – Article 11 – External emergency plans
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. 16)
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
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. |