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 Kingdom of Belgium (Judgment of the Court (Sixth Chamber)) [2009] EUECJ C-342/08 (12 March 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C34208.html
Cite as: [2009] EUECJ C-342/08, EU:C:2009:156, [2009] EUECJ C-342/8, ECLI:EU:C:2009:156

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Judgment of the Court (Sixth Chamber) of 12 March 2009 – Commission v Belgium

(Case C‑342/08)

Failure of a Member State to fulfil obligations – Directive 96/82/EC – Article 11(1)(c) – Failure to draw up external emergency plans – Incomplete transposition

1.                     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. 12)

2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible ( Art. 226 EC) (see para. 13)

3.                     Acts of the institutions – Directives – Implementation by Member States – Need to ensure that directives are effective (Art. 249 EC) (see para. 16)

Re:

Failure of a Member State to fulfil obligations – Failure to draw up external emergency plans for the measures to be taken outside establishments falling within Article 9 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 ensure that an external emergency plan is drawn up for all the establishments covered by 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 Kingdom of Belgium has failed to fulfil its obligations under that directive.

2.

Orders the Kingdom of Belgium to pay the costs.

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