Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-421/03 Commission of the European Communities v Republic of Austria (Failure to fulfil obligations — Directive 2001/18/EC — Deliberate release of genetically modified organisms into the environment — Failure to transpose within the prescribed period)
Date: 2005-01-08
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, environmental protection, environmental risk prevention, genetically modified organism

8.1.2005

EN

Official Journal of the European Union

C 6/15

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

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

(1) OJ C 264 of 1.11.2004.

(1) OJ C 264 of 1.11.2003.

JUDGMENT OF THE COURT

(Second Chamber)

of 28 October 2004

in Case C-360/03 Commission of the European Commu-
nities v Republic of Austria (1)

(Failure to fulfil obligations — Directive 2000/39/EC —
Protection of the health and safety of workers — Risks
related to chemical agents at work — Establishment of occu-
pational exposure limit values — Failure to transpose
the territory of the Member State concerned
throughout

within the prescribed period)

(2005/C 6/26)

(Language of the case: German)

In Case C-360/03 Commission of the European Communities
(Agents: D. Martin and H. Kreppel) v Republic of Austria
(Agent: E. Riedl) – action under Article 226 EC for failure to
fulfil obligations, brought on 19 August 2003 – the Court
composed of: C.W.A. Timmermanns
(Second Chamber),
(Rapporteur), President of
J.
Makarczyk, P. Kūris and J. Klučka, Judges; A. Tizzano, Advocate
General; R. Grass, Registrar, gave a judgment on 28 October
2004, in which it:

the Chamber, C. Gulmann,

1. Declares that, by failing to adopt, within the prescribed period, all
the laws, regulations and administrative provisions necessary to
comply fully 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, the Republic of Austria has
failed to fulfil its obligations under that directive;

JUDGMENT OF THE COURT

(Fourth Chamber)

of 28 October 2004

in Case C-421/03 Commission of the European Commu-
nities v Republic of Austria (1)

(Failure to fulfil obligations — Directive 2001/18/EC —
Deliberate release of genetically modified organisms into the
environment — Failure to transpose within the prescribed
period)

(2005/C 6/27)

(Language of the case: German)

In Case C-421/03 Commission of the European Communities
(Agent: U. Wölker) v Republic of Austria (Agent: E. Riedl) –
action under Article 226 EC for failure to fulfil obligations,
brought on the 3 October 2003 – the Court (Fourth Chamber),
composed of: N. Colneric, acting for the President, J.N. Cunha
Rodrigues and E. Levits (Rapporteur), Judges; J. Kokott, Advo-
cate General; R. Grass, Registrar, gave a judgment on 28
October 2004, in which it:

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 Republic of Austria has failed to fulfil its obli-
gations under that directive;

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

(1) OJ C 275 of 15.11.2003.