Case C-357/03: Action brought on 19 August 2003 by the Commission of the European Communities against the Republic of Austria
Date: 2003-11-01
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, chemical product, occupational health, occupational safety, workplace

1.11.2003

EN

Official Journal of the European Union

C 264/19

1. Do Article 119 of the EC Treaty and/or Article 11(2)(a)
of Directive 92/85/EEC (1) and Article 6(1)(g) of Directive
86/378/EEC (2), as amended by Directive 96/97/EC (3),
preclude provisions of statutes governing a supplemen-
tary occupational pension scheme of the kind at issue in
this case under which an employee, during statutory
maternity leave (in this case from 16 December 1992 to
5 April 1993 and from 17 January to 22 April 1994),
acquires no deferred rights to an insurance annuity which,
in the event of her early departure from the compulsory
insurance scheme, may be claimed monthly from the time
the insurance contingency (pensionable age, occupational
disability or invalidity) materialises, because the accrual of
such rights is conditional upon the employee’s receiving
taxable pay during the relevant period, but the benefits
paid to her during maternity leave do not constitute
taxable pay under the provisions of national law?

2.

Is this the case in particular if account is taken of the fact
that the insurance annuity is not — like the occupational
pension which would be paid if the insurance contingency
materialised whilst she was still
in the compulsory
pension scheme — intended to cover the employee in
old age or in the event of invalidity but to reimburse the
contributions made in respect of her during the period of
compulsory insurance?

EC of 7 April 1998 on the protection of the health and
safety of workers from the risks related to chemical agents
at work (14th individual Directive within the meaning of
Article 16(1) of Directive 89/391/EEC) (1), the Republic
of Austria has failed to fulfil
its obligations under
Article 14 of that directive;

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

proceedings.

Pleas in law and main arguments

The period for transposition expired on 5 May 2001.

(1) OJ 1998 L 131, p. 11.

(1) OJ L 348 [1992], p. 1.
(2) OJ L 225 [1986], p. 40.
(3) OJ L 46 [1997], p. 20.

Action brought on 19 August 2003 by the Commission
of the European Communities against the Republic of
Austria

(Case C-358/03)

(2003/C 264/31)

Action brought on 19 August 2003 by the Commission
of the European Communities against the Republic of
Austria

(Case C-357/03)

(2003/C 264/30)

An action against
the Republic of Austria was brought
before the Court of Justice of the European Communities
on 19 August 2003 by the Commission of the European
Communities, represented by Denis Martin, Member of the
Legal Service of the European Commission, and Horstpeter
Kreppel, seconded to the Commission’s Legal Service within
the framework of an exchange with national officials, with an
address for service in Luxembourg.

The applicant claims that the Court should:

the Republic of Austria was brought
An action against
before the Court of Justice of the European Communities
on 19 August 2003 by the Commission of the European
Communities, represented by Denis Martin, Member of the
Legal Service of the European Commission, and Horstpeter
Kreppel, seconded to the Commission’s Legal Service within
the framework of an exchange with national officials, with an
address for service in Luxembourg.

The applicant claims that the Court should:

1. Declare that, by failing to adopt or at any rate to
notify the laws, regulations and administrative provisions
necessary fully to comply with Council Directive 90/269/
EEC of 29 May 1990 on the minimum health and safety
requirements for the manual handling of loads where
there is a risk particularly of back injury to workers
(fourth individual Directive within the meaning of
Article 16(1) of Directive 89/391/EEC) (1), the Republic
of Austria has failed to fulfil its obligations under Article 9
of that directive;

1. Declare that, by failing to adopt or at any rate to
notify the laws, regulations and administrative provisions
necessary fully to comply with Council Directive 98/24/

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

proceedings.