Case C-63/07: Action brought on 8 February 2007 — Commission of the European Communities v Republic of Austria
Date: 2007-03-24
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, labour standard, mechanical vibration, national implementing measure, occupational health, occupational safety, safety standard

24.3.2007

EN

Official Journal of the European Union

C 69/13

Form of order sought

to

necessary

provisions

— declare that, by failing to adopt the laws, regulations and
administrative
comply with
Commission Directive 2005/28/EC of 8 April 2005 laying
down principles and detailed guidelines for good clinical
practice as regards investigational medicinal products for
human use (1), as well as the requirements for authorisation
of the manufacturing or importation of such products, the
its obligations under
Italian Republic has failed to fulfil
Article 31(1) of that directive;

risks arising from physical agents (vibration) (sixteenth indi-
vidual Directive within the meaning of Article 16(1) of
Directive 89/391/EEC) (1), or to inform the Commission
thereof, the Republic of Austria has failed to fulfil its obliga-
tions under that directive;

— order the Republic of Austria to pay the costs.

Grounds and principal arguments

— order Italian Republic to pay the costs.

The time-limit for transposition of the Directive expired on
6 July 2005

Pleas in law and main arguments

(1) OJ L 177, p. 13.

The period prescribed for
2005/28/EC expired on 29 January 2006.

the implementation of Directive

(1) OJ L 91, p. 38.

Action brought on 8 February 2007 — Commission of the
European Communities v Ireland

Action brought on 8 February 2007 — Commission of the
European Communities v Republic of Austria

(Case C-63/07)

(2007/C 69/30)

Language of the case: German

Parties

(Case C-64/07)

(2007/C 69/31)

Language of the case: English

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

Parties

Defendant: Ireland

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

Defendant: Republic of Austria

The applicant claims that the Court should:

Form of order sought

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary for the transposition of
Directive 2002/44/EC of the European Parliament and of
the Council of 25 June 2002 on the minimum health and
safety requirements regarding the exposure of workers to the

— declare that by failing to adopt the laws, regulations or
administrative provisions necessary to comply with Directive
2004/42/EC of the European Parliament and of the Council
of 21 April 2004 on the limitation of emissions of volatile
organic compounds due to the use of organic solvents in
certain paints and varnishes and vehicle refinishing products
and amending Directive 1999/13/EC (1) or, in any event, by
failing to notify such provisions to the Commission, Ireland
has failed to fulfil its obligations under Article 14 of that
Directive.

— order Ireland to pay the costs.