Case C-359/06: Action brought on 31 August 2006 — Commission of the European Communities v Republic of Austria
Date: 2006-10-14
Institutions: Court of Justice
Subjects: Austria, European Commission, accident prevention, action for failure to fulfil an obligation, national implementing measure, occupational accident, occupational health, occupational safety, safety standard

14.10.2006

EN

Official Journal of the European Union

C 249/7

Action brought on 29 August 2006 — Commission of the
European Communities v Republic of Austria

(Case C-356/06)

(2006/C 249/14)

Language of the case: German

Parties

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

Defendant: Republic of Austria

Form of order sought

The Court is asked to:

the European Parliament and of

— declare that, by not adopting all the laws, regulations and
administrative provisions necessary to transpose Directive
the
2003/105/EC of
Council of 16 December 2003 amending Council Directive
96/82/EC on the control of major-accident hazards invol-
ving dangerous substances (1), or by not
informing the
Commission of such provisions, the Republic of Austria has
failed to fulfil its obligations under Article 2(1) of that direc-
tive;

— order the Republic of Austria to pay the costs.

Council of 16 December 2003 amending Council Directive
96/82/EC on the control of major-accident hazards invol-
ving dangerous substances, the Hellenic Republic has failed
to fulfil its obligations under that directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of the directive into domestic
law expired on 1 July 2005.

(1) OJ L 345, 31.12.2003, p. 97.

Action brought on 31 August 2006 — Commission of the
European Communities v Republic of Austria

(Case C-359/06)

(2006/C 249/16)

Language of the case: German

Pleas in law and main arguments

Parties

The period prescribed for transposition of the directive expired
on 1 July 2005.

Applicant: Commission of the European Communities (repre-
sented by: V. Kreuschitz and I. Kaufmann-Bühler, acting as
Agents)

(1) OJ 2003 L 345, p. 97

Defendant: Republic of Austria

Action brought on 30 August 2006 — Commission of the
European Communities v Hellenic Republic

(Case C-358/06)

(2006/C 249/15)

Language of the case: Greek

Parties

Form of order sought

The Court is asked to:

— declare that by not adopting the necessary laws, regulations
and administrative provisions necessary to transpose Direc-
tive 2001/45/EC of the European Parliament and of the
Council of 27 June 2001 amending Council Directive
89/655/EEC concerning the minimum safety and health
requirements for the use of work equipment by workers at
work (second individual Directive within the meaning of
Article 16(1) of Directive 89/391/EEC) (1) or by not
informing the Commission of such provisions, the Republic
of Austria has failed to fulfil its obligations under that direc-
tive;

— order the Republic of Austria to pay the costs.

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis and B. Schima)

Pleas in law and main arguments

Defendant: Hellenic Republic

Form of order sought

The period prescribed for transposition of the directive expired
on 19 July 2004.

— declare that, by not adopting, and in any event by not noti-
fying to the Commission, the laws, regulations and adminis-
trative provisions necessary to comply with Directive
2003/105/EC (1) of the European Parliament and of the

(1) OJ 2001 L 195, p. 46