Case C-364/06: Judgment of the Court (Sixth Chamber) of 24 May 2007 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil its obligations — Directive 2002/15/EC — Organisation of the working time of persons performing mobile road transport activities — Failure to transpose within the prescribed period)
Date: 2007-07-07
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, arrangement of working time, national implementing measure, occupational safety, road safety, road transport

7.7.2007

EN

Official Journal of the European Union

C 155/5

Judgment of the Court (Seventh Chamber) of 24 May 2007
— Commission of the European Communities v Republic
of Austria

Judgment of the Court (Sixth Chamber) of 24 May 2007 —
Commission of the European Communities v Grand Duchy
of Luxembourg

(Case C-359/06) (1)

(Case C-364/06) (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 2001/45/EC — Social policy — Worker protection — Use
safety
of work equipment — Minimum health and

requirements)

(2007/C 155/07)

Language of the Case: German

(Failure of a Member State to fulfil its obligations — Directive
2002/15/EC — Organisation of the working time of persons
performing mobile road transport activities — Failure to
transpose within the prescribed period)

(2007/C 155/08)

Language of the case: French

Parties

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

Parties

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

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

Re:

Failure by a Member State to fulfil its obligations — Failure to
adopt, within the period prescribed, all the necessary provisions
to comply with Directive 2001/45/EC of the European Parlia-
ment and of the Council of 27 June 2001, amending Council
Directive 89/655/EC 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
(89/391/EEC)) (OJ 1989 L 393, p. 46)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the period prescribed, all
the necessary laws, regulations and administrative provisions to
comply with Directive 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 require-
ments for the use of work equipment by workers at work (second
individual Directive within the meaning of Article 16 (89/391/
EEC)) regarding Burgenland and the Land of Carinthia, and with
regard to the Land of Lower Austria, by not, at the very least,
informing the Commission of the European Communities of those
provisions within that period, the Republic of Austria has failed to
fulfil its obligations under that directive;

Defendant: Grand Duchy of Luxembourg (represented by:
C. Schiltz, Agent)

Re:

Failure of a Member State to fulfil its obligations — Failure to
adopt, within the period prescribed, the provisions necessary to
comply with Directive 2002/15/EC of the European Parliament
and of the Council of 11 March 2002 on the organisation of
the working time of persons performing mobile road transport
activities (OJ 2002 L 80, p. 35)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Directive 2002/15/EC
of the European Parliament and of the Council of 11 March 2002
on the organisation of the working time of persons performing
mobile road transport activities, the Grand Duchy of Luxembourg
has failed to fulfil its obligations under that Directive;

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

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

(1) OJ C 249 of 14.10.2006.

(1) OJ C 249, 14.10.2006.