Judgment of the Court (Sixth Chamber) of 12 March 2009.#Commission of the European Communities v Kingdom of Belgium.#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.#Case C-342/08.

Subject of the case

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

Operative part

The Court:

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.

2. Orders the Kingdom of Belgium to pay the costs.