Judgment of the Court (Fourth Chamber) of 29 January 2004 in Case C-218/02: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 96/29/Euratom — Protection of the health of workers and the general public against the dangers arising from ionizing radiation — Failure to transpose in whole territory)
Date: 2004-03-20
Institutions: Court of Justice
Subjects: European Commission, Northern Ireland, United Kingdom, action for failure to fulfil an obligation, health legislation, ionising radiation, national implementing measure, occupational safety, public health, therapeutics

20.3.2004

EN

Official Journal of the European Union

C 71/5

course in the district of Wörschach in the Province of Styria
despite a negative assessment of the implications for the
habitat of the corncrake (crex crex) in the special protection
area, within the meaning of Article 4 of Council Directive 79/
409/EEC of 2 April 1979 on the conservation of wild birds
(OJ 1979 L 103, p. 1), situated in that district, the Republic of
Austria has failed to fulfil its obligations under Article 6(3)
and (4), in conjunction with Article 7, of Council Directive 92/
43/EEC of 21 May 1992 on the conservation of natural
habitats and of wild fauna and flora (OJ 1992 L 206, p. 7), the
Court (Second Chamber), composed of: C.W.A. Timmermans,
President of
the Chamber, C. Gulmann (Rapporteur),
J.N. Cunha Rodrigues, J.-P. Puissochet and N. Colneric, Judges;
P. Léger, Advocate General; R. Grass, Registrar, has given a
judgment on 29 January 2004, in which it:

1. Declares that, by authorising the proposed extension of the golf
course in the district of Wörschach in the Province of Styria
despite a negative assessment of its implications for the habitat
of the corncrake (crex crex) in the ‘Wörschacher Moos’ special
protection area situated in that district and classified as provided
for in Article 4 of Council Directive 79/409/EEC of 2 April
1979 on the conservation of wild birds, the Republic of Austria
has failed to fulfil its obligations under Article 6(3) and (4), in
conjunction with Article 7, of Council Directive 92/43/EEC of
21 May 1992 on the conservation of natural habitats and of
wild fauna and flora;

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

with an address for service in Luxembourg, v United Kingdom
of Great Britain and Northern Ireland (Agent: K. Manji):
Application for a declaration that, by failing to adopt the laws,
regulations and administrative provisions necessary to comply
with Council Directive 96/29/Euratom laying down basic
safety standards for the protection of the health of workers
and the general public against
the dangers arising from
ionizing radiation (OJ 1996 L 159, p. 1) in its whole territory,
or in any event by failing to communicate them to the
Commission, the United Kingdom of Great Britain and North-
its obligations under that
ern Ireland has failed to fulfil
directive,
composed of:
the Court
C.W.A. Timmermans (Rapporteur), acting for the President of
the Fourth Chamber, A. La Pergola and S. von Bahr, Judges;
A. Tizzano, Advocate General; R. Grass, Registrar, has given a
judgment on 29 January 2004, in which it:

(Fourth Chamber),

1. Declares that, by failing to adopt, within the prescribed period,
the laws, regulations and administrative provisions necessary to
comply with Council Directive 96/29/Euratom laying down
basic safety standards for the protection of the health of workers
and the general public against the dangers arising from ionizing
radiation in its whole territory, the United Kingdom of Great
Britain and Northern Ireland has failed to fulfil its obligations
under that directive;

2. Orders the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

(1) OJ C 169 of 13.7.2002.

(1) OJ C 180 of 27.7.2002.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 29 January 2004

in Case C-218/02: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern
Ireland (1)

(Failure of a Member State to fulfil obligations — Directive
96/29/Euratom — Protection of the health of workers and
the general public against the dangers arising from ionizing
radiation — Failure to transpose in whole territory)

(2004/C 71/07)

(Language of the case: English)

In Case C-218/02, Commission of the European Communities
(Agents: initially T.F. Cusack, and, subsequently, X. Lewis),

Reference for a preliminary ruling by the Magistrates’
Court, Bitonto by order of that court of 21 November
2003 in the case of Vincenzo Manfredi against Lloyd
Adriatico Assicurazioni

(Case C-509/03)

(2004/C 71/08)

Reference has been made to the Court of Justice of the
European Communities by order of the Magistrates’ Court,
Bitonto of 21 November 2003, received at the Court Registry
on 4 December 2003, for a preliminary ruling in the case of
Vincenzo Manfredi against Lloyd Adriatico Assicurazioni. The
Magistrates’ Court, Bitonto asks the Court to give a ruling on
the following questions:

1. Do the facts as found in Judgment No 2199 of the
Consiglio di Stato (Council of State) of 23 April 2002 and
in Judgment No 6139 of the Tribunale Amministrativo
Regionale (Regional Administrative Court), Lazio (Rome)
of 5 July 2001, which are deemed to be set out here in
full, constitute infringements of Community law,
in
particular of Articles 81 EC and 82 EC?