22.5.2010   

EN

Official Journal of the European Union

C 134/5


Judgment of the Court (Third Chamber) of 25 March 2010 — European Commission v Kingdom of Spain

(Case C-392/08) (1)

(Failure of a Member State to fulfil obligations - Directive 96/82/EC - Control of major-accident hazards involving dangerous substances - Article 11(1)(c) - Obligation to draw up external emergency plans - Time-limit)

2010/C 134/06

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: S. Pardo Quintillán and A. Sipos, Agents)

Defendant: Kingdom of Spain (represented by: B. Plaza Cruz, Agent)

Re:

Failure of a Member State to fulfil obligations — Breach of Article 11(1)(c) 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 (OJ 1997 L 10, p. 13) — Failure to draw up certain external emergency plans for the measures to be taken outside the establishment

Operative part of the judgment

The Court:

1.

Declares that, by failing to draw up external emergency plans for all establishments to which Article 9 of Directive 96/82/EC of 9 December 1996 on the control of major accident hazards involving dangerous substances applies, the Kingdom of Spain has failed to fulfil its obligations under Article 11(1)(c) thereof;

2.

Orders the Kingdom of Spain to pay the costs.


(1)  OJ C 272, 25.10.2008.