Judgment of the Court (Sixth Chamber) of 15 October 2009.#Commission of the European Communities v Portuguese Republic.#Failure of a Member State to fulfil obligations - Directive 96/82/EC - Article 11 - External emergency plans.#Case C-30/09.

Subject of the case

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

Operative part

The Court:

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;

2. Orders the Portuguese Republic to pay the costs.