Case C-94/06: Judgment of the Court (Fourth Chamber) of 26 October 2006 — Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Failure to transpose — Directive 2002/49/EC)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, national implementing measure, noise, noise pollution, noise protection, pollution control measures

30.12.2006

EN

Official Journal of the European Union

C 326/19

Re:

Reference for a preliminary ruling — Cour de travail de Liège
— Interpretation of Article 39(2) EC,

and of the Council of 27 June 2001 on the assessment of the
effects of certain plans and programmes on the environment
(OJ 2001 L 197, p. 30)

Operative part of the judgment

Article 39(2) EC and Article 3(1) of Council Regulation (EEC) No
1408/71 of 14 June 1971 on the application of social security
schemes to employed persons, to self-employed persons and to members
of
their families moving within the Community, as amended and
updated by Council Regulation (EC) No 118/97 of 2 December
1996, are to be interpreted as precluding national legislation under
which the competent
the Member State of residence
denies unemployment benefits to a national of another Member State
on the ground that, on the date when the benefit claim was submitted,
the person concerned had not completed a specified period of employ-
ment in that Member State of residence, whereas there is no such
requirement for nationals of that Member State.

institution of

(1) OJ C 315, 10.12.2005.

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the prescribed period, the
laws, regulations and administrative provisions necessary to comply
with Directive 2001/42/EC of the European Parliament and of the
Council of 27 June 2001 on the assessment of
the effects of
certain plans and programmes on the environment, the Grand-
Duchy of Luxembourg has failed to fulfil its obligations under that
directive.

2. Orders the Grand-Duchy of Luxembourg to pay the costs.

(1) OJ C 74, 25.03.2006.

Judgment of the Court (Fifth Chamber) of 26 October
the European Communities v
2006 — Commission of

Grand-Duchy of Luxembourg

(Case C-77/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2001/42/EC — Assessment of the effects of certain plans and
programmes on the environment — Failure to implement
within the prescribed period)

(2006/C 326/37)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: J. Hottiaux and F. Simonetti, Agents)

Judgment of the Court (Fourth Chamber) of 26 October
the European Communities v
2006 — Commission of

Republic of Austria

(Case C-94/06) (1)

(Failure of a Member State to fulfil obligations — Failure to
transpose — Directive 2002/49/EC)

(2006/C 326/38)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Alcover San Pedro and B. Schima, Agents)

Defendant: Republic of Austria (represented by: E. Riedl, Agent)

Defendant: Grand-Duchy of Luxembourg (represented by: S.
Schreiner, Agent)

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the measures necessary to
comply with Directive 2001/42/EC of the European Parliament

Failure of a Member State to fulfil obligations — Failure to
adopt within the prescribed period, the measures necessary to
comply with Directive 2002/49/EC of the European Parliament
and of the Council of 25 June 2002 relating to the assessment
and management of environmental noise — Declaration by the
Commission in the Conciliation Committee on the Directive
relating to the assessment and management of environmental
noise (OJ 2002 L 189, p.12)

C 326/20

EN

Official Journal of the European Union

30.12.2006

Operative part of the judgment

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

The Court:

1. Declares that, by failing to adopt all the laws, regulations and
administrative provisions necessary to transpose into national law
Directive 2002/49/EC of
the
Council of 25 June 2002 relating to the assessment and manage-
ment of environmental noise as regards the Provinces of Burgen-
land, Carinthia, Upper Austria, Salzburg, Styria and Tyrol, the
Republic of Austria has failed to fulfil its obligations under Article
14(1) of that directive;

the European Parliament and of

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

(1) OJ C 86, 08.04.2006.

(1) OJ C 96, 22.04.2006.

Judgment of the Court (Fourth Chamber) of 26 October
the European Communities v
2006 — Commission of

Republic of Finland

(Case C-152/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2002/95/EC — Hazardous substances — Electrical and elec-
tronic equipment — Failure to transpose within the prescribed
period)

Judgment of the Court (Sixth Chamber) of 26 October
the European Communities v
2006 — Commission of

Republic of Austria

(Case C-102/06) (1)

Parties

(2006/C 326/40)

Language of the case: Swedish

(Failure of a Member State to fulfil obligations — Minimum
standards for the reception of asylum seekers in the Member
States — Failure to transpose within the prescribed time-
limit)

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis and K. Nyberg, Agents)

Defendant: Republic of Finland (represented by: E. Bygglin,
Agent)

(2006/C 326/39)

Language of the case: German

Re:

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. O'Reilly and W. Bogensberger, Agents)

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

Re:

Failure of a Member State to fulfil obligations — Failure to have
adopted, within the prescribed time-limit, all
the measures
necessary to comply with Council Directive 2003/9/EC of 27
January 2003 laying down minimum standards for the recep-
tion of asylum seekers (OJ 2003 L 31, p. 18)

Operative part of the judgment

The Court:

Failure of a Member State to fulfil obligations — Failure to
ensure the transposition within the prescribed period, with
regard to the autonomous province of Åland, of Directive
2002/95/EC of the European Parliament and of the Council of
27 January 2003 on the restriction of the use of certain hazar-
dous substances in electrical and electronic equipment (OJ 2003
L 37, p. 19)

Operative part of the judgment

The Court:

1. Declares that by failing to adopt, with regard to the Åland Islands,
the laws, regulations and administrative provisions necessary to
comply with Directive 2002/95/EC of the European Parliament
and of the Council of 27 January 2003 on the restriction of the
use of certain hazardous substances in electrical and electronic
equipment, the Republic of Finland has failed to fulfil its obliga-
tions under that directive;

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

1. Declares that, by failing to adopt the the laws, regulations and
administrative provisions necessary to comply with Council Directive
2003/9/EC of 27 January 2003 laying down minimum standards
for the reception of asylum seekers, the Republic of Austria has
failed to fulfil its obligations under that directive.

(1) OJ C 131, 3.6.2006.