Case C-360/03: 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, safety standard

C 264/20

EN

Official Journal of the European Union

1.11.2003

Pleas in law and main arguments

That period expired without the Republic of Austria having
adopted the necessary provisions.

The Republic of Austria was to transpose Directive 90/269/
EEC by the time of its accession to the European Union on
1 January 1995.

(1) OJ 1990 L 156, p. 14.

That period expired without the Republic of Austria having
adopted the necessary provisions.

(1) OJ 1990 L 156, p. 9.

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

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

(Case C-360/03)

(2003/C 264/33)

(Case C-359/03)

(2003/C 264/32)

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:

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 90/270/
EEC of 29 May 1990 on the minimum safety and health
requirements for work with display screen equipment
(fifth 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 11 of that directive and the third paragraph of
Article 249 of the Treaty.

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 to notify the Com-
mission of all the laws, regulations and administrative
provisions necessary fully to comply with Commission
Directive 2000/39/EC of 8 June 2000 establishing a first
list of indicative occupational exposure limit values in
implementation of Council Directive 98/24/EC on the
protection of the health and safety of workers from the
risks related to chemical agents at work (1), the Republic
of Austria has failed to fulfil its obligations under Article 3
of that directive;

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

proceedings.

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

proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

The period for transposition expired on 31 December 2001.

The Republic of Austria was to transpose Directive 90/270/
EEC by the time of its accession to the European Union on
1 January 1995.

(1) OJ 2000 L 142, p. 47.