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C 113/12 EN Official Journal of the European Union 16.5.

2009

Judgment of the Court (Eighth Chamber) of 19 March 2009 Defendant: Grand Duchy of Luxembourg (represented by: C.
— Commission of the European Communities v Schiltz, acting as Agent)
Portuguese Republic

(Case C-245/08) (1) Re:


Failure of a Member State to fulfil its obligations — Failure to
(Failure of a Member State to fulfil its obligations — Free draw up external emergency plans for the measures to be taken
movement of persons — Freedom to provide services — Right outside establishments subject to Article 9 of Council Directive
of establishment — Adjustments consequent on the accession 96/82/EC of 9 December 1996 on the control of major-
of the Republic of Bulgaria and Romania) accident hazards involving dangerous substances (OJ 1997 L
10, p. 13)
(2009/C 113/22)

Language of the case: Portuguese Operative part of the judgment


The Court:
Parties
Applicant: Commission of the European Communities (represen­ 1. Declares that, by failing to draw up within the period prescribed
ted by: P. Andrade and H. Støvlbæk, acting as Agents) an external emergency plan for the measures to be taken outside
establishments subject to Article 9 of Council Directive 96/82/EC
Defendant: Portuguese Republic (represented by: L. Inez
of 9 December 1996 on the control of major-accident hazards
Fernandes and F. Fraústo de Azevedo, acting as Agents)
involving dangerous substances, the Grand Duchy of Luxembourg
Re: has failed to fulfil its obligations under Article 11(1)(c) of that
directive.
Failure of a Member State to fulfil its obligations — Failure to
have adopted, within the time-limit prescribed, the measures 2. Orders the Grand Duchy of Luxembourg to pay the costs.
necessary to comply with Council Directive 2006/100/EC of
20 November 2006 adapting certain Directives in the field of
freedom of movement of persons, by reason of the accession of
(1) OJ C 223, 30.8.2008.
Bulgaria and Romania (OJ 2006 L 363, p. 141)

Operative part of the judgment


The Court:
Judgment of the Court (Eighth Chamber) of 12 March 2009
1. Declares that, by failing to adopt, within the time-limit prescribed, — Commission of the European Communities v Hellenic
the laws, regulations and administrative provisions necessary to Republic
comply with Council Directive 2006/100/EC of 20 November
2006 adapting certain Directives in the field of freedom of (Case C-298/08) (1)
movement of persons, by reason of the accession of Bulgaria
and Romania, the Portuguese Republic has failed to fulfil its (Failure of a Member State to fulfil obligations — Directive
obligations under Article 2(1) of that directive; 2006/22/EC — Approximation of laws — Social legislation
2. Orders the Portuguese Republic to pay the costs. relating to road transport activities — Failure to transpose
within the period prescribed)
(1) OJ C 183, 19.7.2008. (2009/C 113/24)

Language of the case: Greek


Judgment of the Court (Fifth Chamber) of 12 March 2009
— Commission of the European Communities v Grand Parties
Duchy of Luxembourg Applicant: Commission of the European Communities (represen­
ted by: N. Yerrell and I. Chatzigiannis, acting as Agents)
(Case C-289/08) (1)
Defendant: Hellenic Republic (represented by: N. Dafniou, acting
(Failure of a Member State to fulfil its obligations —
as Agent)
Directive 96/82/EC — Article 11(1)(c) — External
emergency plans — Failure to transpose within the period
prescribed) Re:

(2009/C 113/23) Failure of a Member State to fulfil obligations — Failure to


adopt, within the prescribed period, the measures necessary to
Language of the case: French comply with Directive 2006/22/EC of the European Parliament
and of the Council of 15 March 2006 on minimum conditions
Parties for the implementation of Council Regulations (EEC) No
3820/85 and (EEC) No 3821/85 concerning social legislation
Applicant: Commission of the European Communities (represen­ relating to road transport activities and repealing Council
ted by: G. Rozet and A. Sipos, acting as Agents) Directive 88/599/EEC (OJ 2006 L 102, p. 35)
16.5.2009 EN Official Journal of the European Union C 113/13

Operative part of the judgment Judgment of the Court (Sixth Chamber) of 12 March 2009
— Commission of the European Communities v Kingdom
The Court: of Belgium
1. Declares that, by failing to adopt the laws, regulations and admin­
istrative provisions necessary to comply with Directive (Case C-342/08) (1)
2006/22/EC of the European Parliament and of the Council of
15 March 2006 on minimum conditions for the implementation (Failure of a Member State to fulfil obligations — Directive
of Council Regulations (EEC) No 3820/85 and (EEC) No 96/82/EC — Article 11(1)(c) — Failure to draw up external
3821/85 concerning social legislation relating to road transport emergency plans — Incomplete transposition)
activities and repealing Council Directive 88/599/EEC, the
Hellenic Republic has failed to fulfil its obligations under (2009/C 113/26)
Directive 2006/22;
Language of the case: French
2. orders the Hellenic Republic to pay the costs.
Parties
(1) OJ C 223, 30.8.2008. Applicant: Commission of the European Communities (represen­
ted by: G. Rozet and A. Sipos, acting as Agents)
Defendant: Kingdom of Belgium (represented by: T. Materne,
acting as Agent)
Judgment of the Court (Fifth Chamber) of 24 March 2009
— Commission of the European Communities v Grand Re:
Duchy of Luxembourg
Failure of a Member State to fulfil obligations — Failure to draw
(Case C-331/08) (1) up external emergency plans for the measures to be taken
outside establishments falling within Article 9 of Council
(Failure of a Member State to fulfil obligations — Environ­ Directive 96/82/EC of 9 December 1996 on the control of
mental liability — Directive 2004/35/EC — Prevention and major-accident hazards involving dangerous substances (OJ
remedying of environmental damage) 1997 L 10, p. 13)

(2009/C 113/25) Operative part of the judgment


The Court:
Language of the case: French
1. Declares that, by failing to ensure that an external emergency plan
Parties is drawn up for all the establishments covered by Article 9 of
Council Directive 96/82/EC of 9 December 1996 on the control
Applicant: Commission of the European Communities (represen­ of major-accident hazards involving dangerous substances, as
ted by: G. Rozet and U. Wölker, acting as Agents) amended by Directive 2003/105/EC of the European Parliament
and of the Council of 16 December 2003, the Kingdom of
Defendant: Grand Duchy of Luxembourg (represented by: C. Belgium has failed to fulfil its obligations under that directive;
Schiltz, acting as Agent)
2. orders the Kingdom of Belgium to pay the costs.
Re:
(1) OJ C 285, 8.11.2008.
Failure of a Member State to fulfil obligations — Failure to
adopt the provisions necessary to comply with Directive
2004/35/EC of the European Parliament and of the Council
of 21 April 2004 on environmental liability with regard to Judgment of the Court (Seventh Chamber) of 12 March
the prevention and remedying of environmental damage (OJ 2009 — Commission of the European Communities v
2004 L 143, p. 56) Republic of Slovenia

Operative part of the judgment (Case C-402/08) (1)


The Court: (Failure of a Member State to fulfil obligations — Directive
2004/35/EC — Environmental liability with regard to the
1. Declares that, by failing to adopt, within the period prescribed, all
prevention and remedying of environmental damage —
the laws, regulations and administrative provisions necessary to
Failure to transpose within the period prescribed)
comply with Directive 2004/35/EC of the European Parliament
and of the Council of 21 April 2004 on environmental liability
(2009/C 113/27)
with regard to the prevention and remedying of environmental
damage, the Grand Duchy of Luxembourg has failed to fulfil its
Language of the case: Slovenian
obligations under Article 19 of that directive;
2. orders the Grand Duchy of Luxembourg to pay the costs. Parties
Applicant: Commission of the European Communities (represen­
(1) OJ C 272, 25.10.2008. ted by: U. Wölker and V. Kovačič, acting as Agents)
Defendant: Republic of Slovenia (represented by: A. Vran, Agent)