Case C-86/01: Action brought on 21 February 2001 by the Commission of the European Communities against the Republic of Austria
Date: 2001-04-21
Institutions: Court of Justice
Subjects: Austria, European Commission, access to information, action for failure to fulfil an obligation, environmental policy, right to information

21.4.2001

EN

Official Journal of the European Communities

C 118/17

Reference for a preliminary ruling by the Corte Suprema
di Cassazione, by order of that court of 11 December
2000 in the case of Istituto Nazionale Della Previdenza
Sociale (INPS) v Anna Maria Venturi

The applicant claims that the Court should:

(1) declare that, by

(Case C-84/01)

(2001/C 118/26)

Reference has been made to the Court of Justice of the
European Communities by an order of the Corte Suprema di
Cassazione of 12 December 2000, which was received at the
Court Registry on 19 February 2001, for a preliminary ruling
in the case of Istituto Nazionale Della Previdenza Sociale (INPS)
v Anna Maria Venturi, on the following question:

Is it permissible under Article 4(3) of Directive 80/987/EEC of
20 October 1980 (1) — which provides that, in order to avoid
the payment of sums going beyond the social objective of the
Directive, Member States may set a ceiling to the liability for
employees’ outstanding claims in respect of the last three
months of the employment relationship — to require sacrifice
of part of the claims of those who received pay in excess of
the ceiling and have received in the last three months of their
employment relationship advances equal to or in excess of
that ceiling, whereas those who received pay below the ceiling
may then, through aggregation of any advances paid by the
employer with the payments made by the public body, secure
full satisfaction of their claims (or of a higher percentage
thereof)?

(1) OJ L 283, 28.10.1980, p. 3.

— failing to guarantee, with respect to the Federal
Länder of Burgenland, Carinthia, Lower Austria,
Salzburg and Vienna, the entitlement in law of
natural and legal persons to free access to infor-
mation requested concerning the environment, pur-
suant
to Article 3(1) of Council Directive
90/313/EEC of 7 June 1990 on the freedom of
access to information on the environment (1), by
granting such access in the form either of disclosure
of the documents concerned or of the provision of
copies thereof.,

— laying down, in the Federal Länder of Burgenland,
Carinthia, Salzburg, Lower Austria and Vienna,
exceptions to the right of free access to information
which are not contained in Article 3(2) and (3) of
the directive;

— failing to ensure, with respect to the Federal Länder
of Burgenland, Carinthia, Lower Austria, Salzburg,
Styria and Vienna, that within a period of two
months the authorities either make the requested
in
information available or refuse the request,
accordance with Article 3(4) of the directive;

— failing to ensure, with respect to the Federal Länder
of Burgenland, Carinthia, Lower Austria, Salzburg
and Vienna, that bodies with responsibilities for
the environment and under the control of public
authorities are obliged to provide information,

the Republic of Austria has failed to fulfil its obligations under
the said Directive 90/313/EEC;

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

Action brought on 21 February 2001 by the Commission
of the European Communities against the Republic of
Austria

Pleas in law and main arguments

(Case C-86/01)

(2001/C 118/27)

The pleas in law and main arguments are apparent from the
claims made in the application. In the case of Austria, the
time-limit for transposition of the directive in accordance with
Article 168 of the Act of Accession expired on 1 January
1995.

An action against
the Republic of Austria was brought
before the Court of Justice of the European Communities on
21 February 2001 by the Commission of
the European
Communities, represented by Götz zur Hausen, Legal Adviser,
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.

(1) OJ 1990 L 158, p. 56.