Case C-133/05: Judgment of the Court (Fourth Chamber) of  23 February 2006  — Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil its obligations — Directive 2000/78/EC — Equal treatment in employment and occupation — Failure to transpose within the prescribed period)
Date: 2006-06-03
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, discrimination based on disability, equal treatment, labour law

C 131/26

EN

Official Journal of the European Union

3.6.2006

Re:

framework for equal treatment in employment and occupation
(OJ 2000 L 303, p. 16)

Reference for a preliminary ruling — Counseil d'Etat (France)
— Interpretation of Article 9(2) of the Sixth Council Directive
77/388 of 17 May 1977 on the harmonisation of the laws of
the Member States relating to turnover taxes — Common
system of value added tax: uniform basis of assessment (OJ
1977 L 145, p. 1) — Determination of relevant place for tax
purposes — Supply of services carried out in relation to boat
shows.

Operative part of the judgment

first

The
indent of Article 9(2)(c) of Sixth Council Directive
77/388/EEC of 17 May 1977 on the harmonisation of the laws of
the Member States relating to turnover taxes — Common system of
value added tax: uniform basis of assessment must be interpreted as
meaning that an inclusive service provided by an organiser to exhibi-
tors at a fair or in an exhibition hall falls within the category of
services referred to in that provision.

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply, at federal level, with
the provisions on discrimination based on disability,
in Council
Directive 2000/78/EC of 27 November 2000 establishing a
general framework for equal treatment in employment and occupa-
tion and, at Länder level, with the exception of the Länder of
Vienna and Lower-Austria, to all the provision of that directive,
the Republic of Austria has failed to fulfil its obligations under
that directive;

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

(1) OJ C 115,14.05.2005.

(1) OJ C 143 of 11.06.2005.

Judgment of the Court (Fourth Chamber) of 23 February
2006 — Commission of the European Communities v
Republic of Austria

Judgment of the Court (Second Chamber) of 9 March 2006
(reference for a preliminary ruling from the College van
Beroep voor het bedrijfsleven) — Stichting Zuid-
Hollandse Milieufederatie, Stichting Natuur en Milieu v
College voor de toelating van bestrijdingsmiddelen

(Case C-133/05) (1)

(Case C-174/05) (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2000/78/EC — Equal treatment in employment and
occupation — Failure to transpose within the prescribed
period)

(Authorisation to place plant protection products on the
market — Directive 91/414/EEC — Article 8 — Active
substance named ‘aldicarb’ — Validity of Article 2(3) of
Decision 2003/199/EC)

(2006/C 131/46)

Language of the case: German

(2006/C 131/47)

Language of the case: Dutch

Parties

Referring court

Applicant: Commission of the European Communities (repre-
sented by: D. Martin, acting as Agent)

College van Beroep voor het bedrijfsleven

Defendant: Republic of Austria (represented by: C. Pesendorfer,
acting as Agent)

Parties to the main proceedings

Re:

Failure by a Member State to fulfil its obligations — Failure to
have transposed, within the prescribed period, Council Direc-
tive 2000/78/EC of 27 November 2000 establishing a general

Applicants: Stichting Zuid-Hollandse Milieufederatie, Stichting
Natuur en Milieu

Defendant: College voor de toelating van bestrijdingsmiddelen

Joined party: Bayer CropScience BV