# C_2004273EN.01000102.xml

| 6.11.2004 | EN | Official Journal of the European Union | C 273/1 |
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JUDGMENT OF THE COURT

(Second Chamber)

of 16 September 2004

in Case C-465/01: Commission of the European Communities v Republic of Austria( 1 )

(Failure of a Member State to fulfil obligations - Freedom of movement for workers - Nationals of the Union or the EEA - Nationals of a non-member State associated with the Community by way of an agreement - Eligibility for election to workers' chambers and works councils - Principle of non-discrimination as regards conditions of work)

(2004/C 273/02)

Language of the case: German

In Case C-465/01: action under Article 226 EC for failure to fulfil obligations, brought on 4 December 2001, Commission of the European Communities (Agent: J. Sack ) v Republic of Austria (Agent: H. Dossi) — the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, R. Schintgen (Rapporteur), R. Silva de Lapuerta, P. Kuris and G. Arestis, Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, gave a judgment on 16 September 2004, in which it:

| 1. | (a)
Declares that: by denying workers who are nationals of other Member States of the European Union or the European Economic Area the right to stand for election to workers' and employees' chambers, the Republic of Austria has failed to fulfil its obligations under Article 39 EC, Article 8 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community, as amended by Council Regulation (EEC) No 2434/92 of 27 July 1992, and Article 28 of the Agreement on the European Economic Area; (b)
by denying workers who are nationals of a non-member State with which the Community has concluded an agreement prohibiting discrimination, as regards conditions of work, against any such workers legally employed in a Member State, the right to stand for election to works councils and the general assemblies of workers' and employees' chambers, the Republic of Austria has failed to fulfil its obligations under those agreements; | (a) | Declares that: by denying workers who are nationals of other Member States of the European Union or the European Economic Area the right to stand for election to workers' and employees' chambers, the Republic of Austria has failed to fulfil its obligations under Article 39 EC, Article 8 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community, as amended by Council Regulation (EEC) No 2434/92 of 27 July 1992, and Article 28 of the Agreement on the European Economic Area; | (b) | by denying workers who are nationals of a non-member State with which the Community has concluded an agreement prohibiting discrimination, as regards conditions of work, against any such workers legally employed in a Member State, the right to stand for election to works councils and the general assemblies of workers' and employees' chambers, the Republic of Austria has failed to fulfil its obligations under those agreements; |
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| (a) | Declares that: by denying workers who are nationals of other Member States of the European Union or the European Economic Area the right to stand for election to workers' and employees' chambers, the Republic of Austria has failed to fulfil its obligations under Article 39 EC, Article 8 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community, as amended by Council Regulation (EEC) No 2434/92 of 27 July 1992, and Article 28 of the Agreement on the European Economic Area; | | | | |
| (b) | by denying workers who are nationals of a non-member State with which the Community has concluded an agreement prohibiting discrimination, as regards conditions of work, against any such workers legally employed in a Member State, the right to stand for election to works councils and the general assemblies of workers' and employees' chambers, the Republic of Austria has failed to fulfil its obligations under those agreements; | | | | |

| 2. | Orders the Republic of Austria to pay the costs. |
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( 1 )  OJ C 84 of 6.4.2002.

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