CELEX: C2006/036/27
Language: en
Date: 2006-02-11 00:00:00
Title: Judgment of the Court (Sixth Chamber) of  17 November 2005  in Case C-378/04: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Risks related to exposure to carcinogens and mutagens — Failure to transpose within the prescribed period)

11.2.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 36/14
            
         
      JUDGMENT OF THE COURT
   
   (Sixth Chamber)
   of 17 November 2005
   in Case C-378/04: Commission of the European Communities v Republic of Austria (1)
   
   (Failure of a Member State to fulfil obligations - Risks related to exposure to carcinogens and mutagens - Failure to transpose within the prescribed period)
   (2006/C 36/27)
   Language of the case: German
   In Case C-378/04 Commission of the European Communities (Agents: D. Martin and V. Kreuschitz) v Republic of Austria (Agent: C. Pesendorfer) — action under Article 226 EC for failure to comply with obligations, brought on 2 September 2004 — the Court, composed of A. Borg Barthet (Rapporteur) acting as President of the Sixth Chamber, U. Lõhmus and A. Ó Caoimh, Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, gave a judgment on 17 November 2005, in which it:
   
               1.
            
            
               Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to fully transpose Council Directive 1999/38/EC of 29 April 1999 amending for the second time Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work and extending it to mutagens, the Republic of Austria has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Orders the Republic of Austria to pay the costs.
            
         
      (1)  OJ C 262 of 23.10.2004