Judgment of the Court (Fourth Chamber) of 30 September 2004 in Case C-417/03: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil its obligations — Directive 2001/18/EC — Deliberate release into the environment of genetically modified organisms — Failure to transpose within the prescribed period)
Date: 2004-11-20
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, environmental protection, environmental risk prevention, genetically modified organism

20.11.2004

EN

Official Journal of the European Union

C 284/5

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

(Fourth Chamber)

of 30 September 2004

of 30 September 2004

in Case C-359/03: Commission of the European Commu-
nities v Republic of Austria (1)

in Case C-417/03: Commission of the European Commu-
nities v Kingdom of Belgium (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 90/270/EEC — Protection of workers — Work with
display screen equipment — Minimum safety and health
requirements — Failure to transpose)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2001/18/EC — Deliberate release into the environment
of genetically modified organisms — Failure to transpose
within the prescribed period)

(2004/C 284/09)

(2004/C 284/10)

(Language of the case: German)

(Language of the case: French)

In Case C-359/03: Commission of the European Communities
(Agents: D. Martin and H. Kreppel) v Republic of Austria
(Agent: E. Riedl) — action brought on 19 August 2003 under
Article 226 EC for failure to fulfil obligations — the Court
(Sixth Chamber), composed of: J.-P. Puissochet, President of the
Chamber, S. von Bahr and A. Borg Barthet
(Rapporteur),
Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass,
Registrar, gave a judgment on 30 September 2004, in which it:

In Case C-417/03: Commission of the European Communities
(Agent: B. Stromsky) v Kingdom of Belgium (Agent: E. Domin-
kovits) — action brought on 3 October 2003 under Article
226 EC for failure to fulfil obligations — the Court (Fourth
Chamber), composed of: J.N. Cunha Rodrigues, President of the
Chamber, K. Schiemann (Rapporteur) and M. Ilešič, Judges; A.
Tizzano, Advocate General; R. Grass, Registrar, gave a judg-
ment on 30 September 2004, in which it:

the laws,

1. Declares that, by failing to adopt

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 87/391/EEC), the Republic of Austria has failed to
fulfil its obligations under that directive;

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Directive
2001/18/EC of the European Parliament and of the Council of
12 March 2001 on the deliberate release into the environment of
genetically modified organisms and repealing Council Directive
90/220/EEC, the Kingdom of Belgium has failed to fulfil its obli-
gations under that directive;

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

2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 264 of 1 November 2003.

(1) OJ C 275 of 15.11.2003.