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Document 62005CJ0226

Judgment of the Court (Fifth Chamber) of 5 October 2006.
Commission of the European Communities v Republic of Austria.
Failure of a Member State to fulfil obligations - Directive 96/82/EC - Major-accident hazards involving dangerous substances - Failure to transpose within the period prescribed.
Case C-226/05.

European Court Reports 2006 I-00103*

ECLI identifier: ECLI:EU:C:2006:650





Judgment of the Court (Fifth Chamber) of 5 October 2006 – Commission v Austria

(Case C-226/05)

Failure of a Member State to fulfil obligations – Directive 96/82/EC – Major-accident hazards involving dangerous substances – Failure to transpose within the period prescribed

Actions for failure to fulfil obligations – Examination of 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. 7)

Re:

Failure of a Member State to fulfil obligations – Failure fully to transpose Articles 8(2)(b), 11, 12 and 24(1) 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 transpose, within the period prescribed:

–      the provisions of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances into the national legislation on blasting supplies and explosives and the legislation of the Land Salzburg on electricity;

–      Article 11 of Directive 96/82 in the Länder of Salzburg, Styria and Tirol;

–      Article 12 of Directive 96/82 in the Land of Upper Austria; and

–      Article 8(2)(b) of Directive 96/82 in the Länder of Upper Austria, Salzburg and Tirol,

the Republic of Austria has failed to fulfil its obligations under that directive;

2.

Orders the Republic of Austria to pay the costs.

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