Case C-377/04: Action brought on 2 September 2004 by the Commission of the European Communities against the Republic of Austria
Date: 2004-10-23
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, environmental risk prevention, explosive, national implementing measure, occupational health, occupational safety, safety standard

23.10.2004

EN

Official Journal of the European Union

C 262/23

Action brought on 2 September 2004 by the Commission
against Kingdom of
of

the European Communities
Belgium

(Case C-376/04)

(2004/C 262/40)

Justice of

An action against the Kingdom of Belgium was brought before
the Court of
the European Communities on 2
September 2004 by the Commission of the European Commu-
nities, represented by M. Shotter, acting as Agent, with an
address for service in Luxembourg.

1. declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to implement
fully
Directive 1999/92/EC of the European Parliament and of
the Council of 16 December 1999 on minimum require-
ments for improving the safety and health protection of
workers potentially at risk from explosive atmospheres (1) or
to inform the Commission of those measures, the Republic
of Austria has failed to fulfil its obligations under that direc-
tive;

2. order the Republic of Austria to pay the costs

Pleas in law and main arguments

The Commission of the European Communities claims that the
Court should:

The period prescribed for
1999/92/EC expired on 30 June 2003.

implementation of Directive

— Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2002/58/EC of the European Parliament and of the
Council of 12 July 2002 concerning the processing of
personal data and the protection of privacy in the electronic
communications sector (Directive on privacy and electronic
communications) (1) or, in any event, by failing to notify
such provisions
the Kingdom of
to the Commission,
Belgium has failed to fulfil its obligations under that direc-
tive.

— Order the Kingdom of Belgium to pay the costs.

The Commission has found that, with the exception of imple-
mentation in the Länder of Lower Austria and Tyrol, that direc-
tive has not yet been implemented fully at either Federal level
or the level of the remaining Länder.

(1) OJ 2000 L 23, p. 57.

Pleas in law and main arguments

The period for the transposition of the directive into national
law expired on 31 October 2003.

Action brought on 2 September 2004 by the Commission
of the European Communities against the Republic of
Austria

(1) OJ L 201 of 31.7.2002, p. 37.

Action brought on 2 September 2004 by the Commission
of the European Communities against the Republic of
Austria

(Case C-377/04)

(2004/C 262/41)

Justice of

An action against the Republic of Austria was brought before
the Court of
the European Communities on 2
September 2004 by the Commission of the European Commu-
nities, represented by D. Martin and H. Kreppel, with an
address for service in Luxembourg.

(Case C-378/04)

(2004/C 262/42)

Justice of

An action against the Republic of Austria was brought before
the Court of
the European Communities on 2
September 2004 by the Commission of the European Commu-
nities, represented by Denis Martin and Horstpeter Kreppel,
with an address for service in Luxembourg.

The applicant claims that the Court should:

1. Declare that the Republic of Austria has failed to fulfil its
obligations under Council Directive 1999/38/EC of 29 April
1999 amending for the second time Directive 90/394/EEC
on the protection of workers from the risks related to expo-
sure to carcinogens at work and extending it to mutagens
(OJ 1999 L 138, p. 66) by not adopting the necessary legis-
lative and administrative measures for the full implementa-
tion on that directive, or by failing to communicate such
measures to the Commission.

The applicant claims that the Court should:

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