Source: All England Reporter
Publisher Citation: [2002] All ER (D) 79 (Jan)
Court: Court of Justice of the European Communities (Second Chamber)
Judge:

Judges Colneric (President of the Chamber), Schintgen (Rapporteur), Skouris

Judgment Dates: 17 January 2002

Catchwords

European Community - Failure of a member state to fulfil obligations - Failure to implement directive within prescribed period - Whether Ireland had fulfilled obligations - Article 226 of the EC Treaty (formerly art 169) - Council Directive (EC) 96/82, arts 24 and 25.

The Case

An application by the European Commission under art226 of the EC Treaty (formerly art169) for a declaration that Ireland had failed to fulfil it's obligation to implement Council Directive (EC) 96-82 (on the control of major-accident hazards involving dangerous substances) was allowed by the Court of Justice of the European Communities.

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