Commission's case against UK for failing to tell public about radiological emergency in breach of EU directive when HMS Tireless (nuclear submarine) visited Gibraltar should be dismissed with costs: o

十二月 7, 2005

Luxembourg, 1 December 2005

C-65/04, Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland

Opinion of Advocate General Geelhoed on 1 December 2005 (link to English version when available).
Full text of this Opinion

Action for failure to fulfil obligations - Breach of Article 5(3) of Council Directive 89/618/Euratom on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency

Advocate General Geelhoed concluded:

(1) Dismiss the Commission's action for a declaration that, by failing to give the Gibraltar general public prior information on the health protection measures to be taken in the event of a radiological emergency in connection with the Royal Navy nuclear submarine 'HMS Tireless' berthed in Gibraltar harbour, the United Kingdom has failed to fulfil its obligations under Article 5(3) of Council Directive 89/618/Euratom of November 1989 on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency.

(2) Order the Commission to bear the costs of the United Kingdom.

(3) Order the French Republic to bear its own costs.

The Court of Justice of the European Communities
European Court of Justice, Advocate General's opinion 1 December 2005

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