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Court of Justice of the European Communities (including Court of First Instance Decisions) |
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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Kingdom of Belgium (Judgment of the Court (Sixth Chamber)) [2009] EUECJ C-342/08 (12 March 2009) URL: http://www.bailii.org/eu/cases/EUECJ/2009/C34208.html Cite as: [2009] EUECJ C-342/08, EU:C:2009:156, [2009] EUECJ C-342/8, ECLI:EU:C:2009:156 |
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Judgment of the Court (Sixth Chamber) of 12 March 2009 – Commission v Belgium
(Case C‑342/08)
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
1. Actions for failure to fulfil obligations – Examination of the 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. 12)
2. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible ( Art. 226 EC) (see para. 13)
3. Acts of the institutions – Directives – Implementation by Member States – Need to ensure that directives are effective (Art. 249 EC) (see para. 16)
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
The Court:
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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. |
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2. |
Orders the Kingdom of Belgium to pay the costs. |
