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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:
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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; |
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2. |
orders the Portuguese Republic to pay the costs. |