Judgment — ECLI:EU:C:2006:412
Date: 2006-06-15
Language of the case: German
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services;Free movement of workers
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Austria

Notice for the OJ Action brought on 22 June 2005 by the Commission of the European Communities against the Republic of Austria (Case C-262/05) (Language of the case: German) An action against the Republic of Austria was brought before the Court of Justice of the European Communities on 22 June 2005 by the Commission of the European Communities, represented by Hans Støvlbæk and Andreas Manville, with an address for service in Luxembourg. The applicant claims that the Court should: - declare that by not adopting the necessary laws, regulations and administrative provisions to transpose Directive 2001/19/EC 1 of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor, or by not informing the Commission of such provisions, the Republic of Austria has failed to fulfil its obligations to implement that directive fully; - order the Republic of Austria to pay the costs of the proceedings. Pleas in law and main arguments The time-limit for transposition of the directive passed on 3 January 2003. ____________ 1 - OJ 2001 L 206, p. 1.