Court of Justice of the European Communities (including Court of First Instance Decisions)

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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Portuguese Republic (Judgment of the Court (Sixth Chamber)) [2009] EUECJ C-30/09 (15 October 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C3009.html
Cite as: EU:C:2009:636, [2009] EUECJ C-30/09, [2009] EUECJ C-30/9, ECLI:EU:C:2009:636

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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.

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