Judgment — ECLI:EU:C:2006:146
Date: 2006-02-23
Language of the case: English
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Ireland

Judgment of the Court (Sixth Chamber) of 23 February 2006 – Commission v Ireland (Case C‑46/05) Failure of a Member State to fulfil obligations – Directive 2000/79/EC – Working conditions – Organisation of working time – Mobile workers in civil aviation – Failure to transpose within the prescribed period Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 5) Re: Failure of a Member State to fulfil obligations – Failure to transpose, within the prescribed period, Council Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers’ Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA) (OJ 2000 L 302, p. 57) Operative part: The Court : 1. Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers’ Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA), Ireland has failed to fulfil its obligations under that directive; 2. Orders Ireland to pay the costs.