Judgment of the Court (Sixth Chamber) of  27 October 2005  in Case C-377/04: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 1999/92/EC — Protection of workers — Risk from explosive atmospheres — Failure to transpose within the prescribed period)
Date: 2005-12-24
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

C 330/6

EN

Official Journal of the European Union

24.12.2005

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

of 27 October 2005

(Sixth Chamber)

of 27 October 2005

in Case C-377/04: Commission of the European Commu-
nities v Republic of Austria (1)

(Failure of a Member State to fulfil obligations — Directive
1999/92/EC — Protection of workers — Risk from explosive
atmospheres — Failure to transpose within the prescribed
period)

in Case C-23/05: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(Failure of a Member State to fulfil obligations — Directive
2000/34/EC — Working conditions — Organisation of
working time — Failure to transpose within the prescribed
period)

(2005/C 330/11)

(Language of the case: German)

In Case C-377/04 Commission of the European Commu-
nities (Agents: D. Martin and V. Kreuschitz) v Republic of
Austria (Agent: C. Pesendorfer) — action under Article 226 EC
for failure to fulfil obligations, brought on 2 September 2004
— the Court (Sixth Chamber), composed of J. Malenovský,
President of the Chamber, A. Borg Barthet (Rapporteur) and U.
Lõhmus, Judges; L.A. Geelhoed, Advocate General; R. Grass,
Registrar, gave a judgment on 27 October 2005, in which it:

the laws,

1. Declares that, by failing to adopt

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 requirements for improving the
safety and health protection of workers potentially at risk from
explosive atmospheres
(15th 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;

(2005/C 330/12)

(Language of the case: French)

In Case C-23/05: Commission of the European Communities
(Agents: G. Rozet and N. Yerrell) v Grand Duchy of Luxem-
bourg (Agent: S. Schreiner) — action under Article 226 EC for
failure to fulfil obligations, brought on 25 January 2005 — the
Court (Sixth Chamber), composed of J.-P. Puissochet, acting for
the President of the Sixth Chamber, S. von Bahr and A. Borg
Barthet (Rapporteur), Judges; J. Kokott, Advocate General; R.
Grass, Registrar, gave a judgment on 27 October 2005,
in
which it:

regards

except as

1. Declares that, by failing to bring into force the laws, regulations
and administrative provisions,
those to be
adopted in respect of doctors in training, necessary to comply with
Directive 2000/34/EC of the European Parliament and of the
of 22 June 2000 amending Council Directive
Council
93/104/EC concerning certain aspects of
the organisation of
working time to cover sectors and activities excluded from that
directive, the Grand Duchy of Luxembourg has failed to fulfil its
obligations under Article 2(1) of that directive;

2. Dismisses the remainder of the action;

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

3. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 262 of 23.10.2004.

(1) OJ C 82 of 02.04.2005.