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Document 62009CA0030

Case C-30/09: 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)

OJ C 297, 5.12.2009, p. 16–16 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

5.12.2009   

EN

Official Journal of the European Union

C 297/16


Judgment of the Court (Sixth Chamber) of 15 October 2009 — Commission of the European Communities v Portuguese Republic

(Case C-30/09) (1)

(Failure of a Member State to fulfil obligations - Directive 96/82/EC - Article 11 - External emergency plans)

2009/C 297/19

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: A. Sipos and P. Guerra e Andrade, Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes, Agent)

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 of the judgment

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.


(1)  OJ C 82, 04.04.2009.


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