Judgment of the Court of Justice (Fourth Chamber) of 16 December 2004 in Case C-358/03 Commission of the European Communities v Republic of Austria (Failure to fulfil obligations — Workers' protection — Health and safety of workers — Manual handling of loads where there is a risk of injury to workers)
Date: 2005-04-02
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, environmental risk prevention, handling, health risk, national implementing measure, occupational health, occupational safety

C 82/4

EN

Official Journal of the European Union

2.4.2005

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT OF JUSTICE

(Grand Chamber)

of 1 February 2005

(Fourth Chamber)

of 16 December 2004

in Case C-203/03: Commission of the European Commu-
nities v Republic of Austria (1)

(Failure of a Member State to fulfil its obligations — Articles
249 EC and 307 EC — Articles 2 and 3 of Directive
76/207/EEC — Equal treatment for men and women —
Prohibition of the employment of women in underground
work in mining or in a high-pressure atmosphere or in diving
work)

in Case C-358/03 Commission of the European Commu-
nities v Republic of Austria (1)

(Failure to fulfil obligations — Workers' protection —
Health and safety of workers — Manual handling of loads
where there is a risk of injury to workers)

(2005/C 82/07)

(Language of the case: German)

(2005/C 82/08)

(Language of the Case: German)

In Case C-203/03, action under Article 226 EC for failure to
fulfil obligations, brought on 12 May 2003, Commission of the
European Communities (Agent: N. Yerrell and H. Kreppel) v
Republic of Austria (Agent: H. Dossi and E. Riedl) – action
under Article 226 EC for failure to fulfil obligations, brought
on 12 May 2003 – the Court (Grand Chamber), composed of
V. Skouris, President of the Chamber, P. Jann, C.W.A. Timmer-
mans and A. Rosas, Presidents of Chambers, J.-P. Puissochet, R.
Schintgen, N. Colneric (Rapporteur), J. Malenovský, J. Klučka,
U. Lõhmus and E. Levits, Judges; F.G. Jacobs, Advocate General;
R. Grass, Registrar, gave a judgment on 1 February 2005, in
which it:

1. Declares that, by maintaining in Articles 8 and 31 of the Druck-
luft- und Taucherarbeiten-Verordnung (Regulation on work in a
high-pressure atmosphere and diving work) of 25 July 1973 a
general prohibition of the employment of women in work in a
high-pressure atmosphere and in diving work, providing a limited
number of exceptions in the former case, the Republic of Austria
has failed to fulfil
its obligations under Articles 2 and 3 of
Council Directive 76/207/EEC of 9 February 1976 on the imple-
mentation of the principle of equal treatment for men and women
as regards access to employment, vocational training and promo-
tion, and working conditions;

2. Dismisses the remainder of the action;

3. Orders the parties to bear their own costs.

In Case C-358/03, concerning an action for failure to fulfil obli-
gations under Article 226 EC, brought on 19 August 2003 by
the Commission of the European Communities (Agents: D.
the Republic of Austria
Martin and H. Kreppel) against
Justice (Fourth Chamber),
the Court of
(Agent: E. Riedl),
composed of K. Lenaerts, President of the Chamber, N. Colneric
(Rapporteur), and J.N. Cunha Rodrigues,
Judges; Advocate
General, A. Tizzano; Registrar, R. Grass, gave a judgment on
16 December 2004, in which it:

1. Declares that, by failing to adopt

regulations and
the laws,
administrative provisions necessary to comply,
in the Land of
Carinthia, with Council Directive 90/269/EEC of 29 May 1990
on the minimum health and safety requirements for the manual
handling of loads where there is a risk particularly of back injury
to workers (fourth individual Directive within the meaning of
Article 16(1) of Directive 89/391/EEC), the Republic of Austria
has failed to fulfil its obligations under that Directive;

2. Dismisses the remainder of the action;

3. Orders the Commission of the European Communities and the

Republic of Austria to bear their own costs.

(1) OJ C 158 of 05.07.2003.

(1) OJ C 264 of 01.11.2003