Judgment of the Court (Fourth Chamber) of 11 October 2001 In Case C-111/00: Commission of the European Communities v Republic of Austria (Failure by a Member State to fulfil its obligations — Directive 97/65/EC)
Date: 2001-12-08
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, health risk, occupational health, occupational safety

C 348/8

EN

Official Journal of the European Communities

8.12.2001

1. Declares that, by failing to adopt, within the prescribed period,
all the laws, regulations and administrative provisions necessary
to comply with Commission Directive 97/59/EC of 7 October
1997 adapting to technical progress Council Directive
90/679/EEC on the protection of workers from risks related to
exposure to biological agents at work (seventh individual
Directive within the meaning of Article 16(1) of Directive
89/391/EEC), the Republic of Austria has failed to fulfil its
obligations under Article 2(1) of that Directive;

to comply with Commission Directive 97/65/EC of 26 Novem-
ber 1997 adapting, for the third time, to technical progress
Council Directive 90/679/EEC on the protection of workers
from risks related to exposure to biological agents at work, the
Republic of Austria has failed to fulfil its obligations under
Article 2(1) of that Directive;

2. Orders the Republic of Austria to pay the costs.

2. Orders the Republic of Austria to pay the costs.

(1) OJ C 163 of 10.6.2000.

(1) OJ C 163 of 10.6.2000.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 11 October 2001

In Case C-111/00: Commission of the European Com-
munities v Republic of Austria (1)

(Failure by a Member State to fulfil its obligations —
Directive 97/65/EC)

(2001/C 348/13)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-111/00: Commission of the European Communities
(Agents: N. Yerrell and C. Ladenburger) v Republic of Austria
(Agent: C. Pesendorfer) — application for a declaration that,
by failing to adopt and/or notify to the Commission the laws,
regulations and administrative provisions necessary to comply
with Commission Directive 97/65/EC of 26 November 1997
adapting, for the third time, to technical progress Council
Directive 90/679/EEC on the protection of workers from risks
related to exposure to biological agents at work, (OJ 1997
L 335, p. 17), the Republic of Austria has failed to fulfil its
obligations under Article 2(1) of that Directive — the Court
(Fourth Chamber), composed of: S. von Bahr, President of the
Chamber, A. La Pergola (Rapporteur) and C.W.A. Timmer-
mans, Judges; L.A. Geelhoed, Advocate General; R. Grass,
Registrar, has given a judgment on 11 October 2001, in which
it:

1. Declares that, by failing to adopt, within the prescribed period,
all the laws, regulations and administrative provisions necessary

JUDGMENT OF THE COURT

(First Chamber)

of 25 October 2001

in Case C-189/00 (reference for a preliminary ruling from
the Sozialgericht Trier): Urszula Ruhr v Bundesanstalt für
Arbeit (1)

(Regulation (EEC) No 1408/71 — Nationals of non-member
countries — Members of a worker’s family — Rights
acquired directly and rights derived through others —
Unemployment benefit)

(2001/C 348/14)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-189/00: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Sozialgericht
(Social Court) Trier (Germany) for a preliminary ruling in the
proceedings pending before that court between Urszula Ruhr
v Bundesanstalt
für Arbeit — on the interpretation of
Article 2(1) of Regulation (EEC) No 1408/71 of the Council of
14 June 1971 on the application of social security schemes to
employed persons, to self-employed persons and to members
of their families moving within the Community, in the version
amended and updated by Council Regulation (EC) No 118/97
of 2 December 1996 (OJ 1997 L 28, p. 1), as amended by
Council Regulation (EC) No 307/1999 of 8 February 1999 (OJ
1999 L 38, p. 1) — the Court (First Chamber), composed of:
P. Jann, President of the Chamber, L. Sevo´ n and M. Wathelet
(Rapporteur), Judges; S. Alber, Advocate General; R. Grass,
Registrar, has given a judgment on 25 October 2001, in which
it has ruled: