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Document 62008CA0342

Case C-342/08: Judgment of the Court (Sixth Chamber) of 12 March 2009 — Commission of the European Communities v Kingdom of Belgium (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)

OJ C 113, 16.5.2009, p. 13–13 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

16.5.2009   

EN

Official Journal of the European Union

C 113/13


Judgment of the Court (Sixth Chamber) of 12 March 2009 — Commission of the European Communities v Kingdom of Belgium

(Case C-342/08) (1)

(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)

2009/C 113/26

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: G. Rozet and A. Sipos, acting as Agents)

Defendant: Kingdom of Belgium (represented by: T. Materne, acting as Agent)

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 of the judgment

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.


(1)  OJ C 285, 8.11.2008.


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