Judgment — ECLI:EU:C:2006:785
Date: 2006-12-14
Language of the case: German
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services
Concepts: The various services
Procedure: Action for failure to fulfil obligations - successful
Origin: Austria

Judgment of the Court (First Chamber) of 14 December 2006 – Commission v Austria (Case C‑257/05) Failure of a Member State to fulfil obligations – Infringement of Article 49 EC – Freedom to provide services – Obligation of establishment within the national territory in order to be able to provide an inspection service for boilers and pressure tanks (‘Kesselprüfstelle’) Freedom to provide services – Restrictions (Art. 49 EC) (see paras 20-34, operative part) Re: Failure of a Member State to fulfil its obligations – Infringement of Article 49 EC – Freedom to provide services – Obligation laid down by national legislation to have the seat of the undertaking or an establishment within the national territory in order to be able to provide an inspection service for boilers and pressure tanks (‘Kesselprüfstelle’). Operative part The Court: 1. Declares that, by providing in Paragraph 21(4) of the Federal law on the security measures for steam or other vapour generating boilers, pressure vessels, containers and pipes [Bundesgesetz über Sicherheitsmaßnahmen für Dampfkessel, Druckbehälter, Versandbehälter und Rohrleitungen (Kesselgesetz)] that only applicants established in Austria may be approved as boiler inspection bodies, the Republic of Austria has failed to fulfil its obligations under Article 49 EC; 2. Orders the Republic of Austria to pay the costs.