2.12.2006   

EN

Official Journal of the European Union

C 294/15

Judgment of the Court (Fifth Chamber) of 5 October 2006 — Commission of the European Communities v Republic of Austria

(Case C-226/05) (1)

(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)

(2006/C 294/24)

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: B. Schima, Agent)

Defendant: Republic of Austria (represented by: E. Riedl, Agent)

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 of the judgment

The Court (Fifth Chamber):

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.

(1)  OJ C 171, 09.07.2005.