Case C-356/06: Action brought on 29 August 2006 — Commission of the European Communities v Republic of Austria
Date: 2006-10-14
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, dangerous substance, environmental risk prevention, industrial hazard, national implementing measure, public health, 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