Full text

Judgment of the Court (Seventh Chamber) of 2 April 2009. – Commission of the European Communities v Republic of Austria.

CELEX: 62008CJ0401 · EN · EUR-Lex / CELLAR

Subject of the case
Operative part

Subject of the case

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.

Operative part

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.