Case C-461/00: Action brought on 21 December 2000 by the Commission of the European Communities against the Republic of Austria
Date: 2001-02-10
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, provision of services, public contract, works contract

10.2.2001

EN

Official Journal of the European Communities

C 45/15

Action brought on 21 December 2000 by the Commission
of the European Communities against the Republic of
Austria

Action brought on 21 December 2000 by the Commission
of the European Communities against the Republic of
Austria

(Case C-461/00)

(2001/C 45/28)

(Case C-462/00)

(2001/C 45/29)

An action against
the Republic of Austria was brought
before the Court of Justice of the European Communities on
21 December 2000 by the Commission of the European
Communities, represented by Josef Christian Schieferer, of its
Legal Service, with an address for service in Luxembourg at
the office of Carlos Gomez de la Cruz, of its Legal Service,
Wagner Centre C 254, Kirchberg.

An action against
the Republic of Austria was brought
before the Court of Justice of the European Communities on
21 December 2000 by the Commission of the European
Communities, represented by Josef Christian Schieferer, of its
Legal Service, with an address for service in Luxembourg at
the office of Carlos Go´ mez de la Cruz, of its Legal Service,
Wagner Centre C 254, Kirchberg.

The applicant claims that the Court should:

The applicant claims that the Court should:

(1) declare that, by failing to adopt the laws, regulations and
administrative measures necessary in order to comply in
the Province of Burgenland with European Parliament
and Council Directive 97/52/EC of 13 October 1997
amending Directives
93/36/EEC and
93/37/EEC concerning the coordination of procedures
for the award of public service contracts, public supply
contracts and public works contracts respectively (1), and
by failing to inform the Commission thereof, the Republic
of Austria has failed to fulfil its obligations under the EC
Treaty and under Article 4 of that directive;

92/50/EEC,

(1) declare that, by failing to adopt the laws, regulations and
administrative measures necessary in order to comply in
the Province of Burgenland with Directive 98/4/EC of the
European Parliament and of the Council of 16 February
1998 amending Directive 93/38/EEC coordinating the
procurement procedures of entities operating in the
water, energy, transport and telecommunications sec-
tors (1), and by failing to inform the Commission thereof,
the Republic of Austria has failed to fulfil its obligations
under the EC Treaty and under Article 2 of that directive;

(2) order the Republic of Austria to pay the costs.

(2) order the Republic of Austria to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The mandatory nature of the provisions of the third paragraph
of Article 249 EC and of the first paragraph of Article 10 EC
obliges Member States to transpose directives addressed to
them into national law within the time-limit prescribed for so
doing. That time-limit expired on 1 October 1998.

The pleas in law and main arguments are analogous to those
in Case C-461/00 (2); the time-limit for transposition expired
on 16 February 1999.

(1) OJ 1997 L 328, p. 1.

(1) OJ 1998 L 101, p. 1.
(2) See p. 15 of this Official Journal.