Case C-147/03: Action brought on 31 March 2003 by the Commission of the European Communities against the Republic of Austria
Date: 2003-05-10
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, recognition of diplomas, secondary education

10.5.2003

EN

Official Journal of the European Union

C 112/21

Action brought on 26 March 2003 by the Commission of
the European Communities against the Hellenic Republic

Action brought on 31 March 2003 by the Commission
of the European Communities against the Republic of
Austria

(Case C-137/03)

(2003/C 112/36)

(Case C-147/03)

(2003/C 112/37)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 26 March
2003 by the Commission of the European Communities,
represented by M. Kondou-Durande, of its Legal Service.

The Commission claims that the Court should:

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2000/77/EC (1) of the European Parliament and
of the Council of 14 December 2000 amending Council
Directive 95/53/EC fixing the principles governing the
organisation of official inspections in the field of animal
nutrition, the Hellenic Republic has failed to fulfil
its
obligations under the Treaty and that Directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

An action against the Republic of Austria was brought before
the Court of Justice of the European Communities on 31 March
2003 by the Commission of the European Communities,
represented by Denis Martin, of its Legal Service, with an
address for service in Luxembourg.

The applicant claims that the Court should:

1.

declare that, by failing to adopt the necessary measures
leaving
to ensure that holders of secondary school
examination certificates obtained in other Member States
have access to higher or university education in Austria
on the same conditions as holders of leaving examination
certificates obtained in Austria, the Republic of Austria
has failed to fulfil its obligations under Articles 12, 149
and 150 EC;

2.

order the Republic of Austria to pay the costs.

Under the third paragraph of Article 249 of the Treaty
establishing the European Community, a directive is to be
binding, as to the result to be achieved, upon each Member
State to which it is addressed.

Pleas in law and main arguments

Under the first paragraph of Article 10 EC, Member States are
to take all appropriate measures, whether general or particular,
to ensure fulfilment of the obligations arising out of that
Treaty or resulting from action taken by the institutions of the
Community.

The Hellenic Republic does not dispute the fact that it must
take measures to comply with the above Directive.

The Commission notes that the Hellenic Republic has not yet
taken the appropriate measures to incorporate the directive in
question fully into the Greek legal order.

( 1) OJ L 333 of 29.12.2000, p. 81.

The effect of the rules governing admission to the Austrian
system of higher or university education is that holders of
secondary school leaving examination certificates obtained in
other Member States must demonstrate, not only that they
satisfy the general conditions for admission to higher or
the specific
university education, but also that they fulfil
conditions for direct access to their chosen subject which have
been laid down by the Member State of issue of those leaving
examination certificates. Such rules are contrary to Articles 12,
149 and 150 EC. Firstly, as is not disputed, the admission of
holders of leaving examination certificates obtained in other
Member States to certain fields of study at Austrian higher-
education colleges or universities is made subject to a condition
which does not apply to holders of leaving examination
certificates obtained in Austria. Secondly, by referring to
the legal requirements governing admission to higher and
university education which are applicable in the State of origin,
those rules lead to discrimination against nationals of other
Member States.