CELEX: C2005/330/11
Language: en
Date: 2005-12-24 00:00:00
Title: Judgment of the Court (Sixth Chamber) of  27 October 2005  in Case C-377/04: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 1999/92/EC — Protection of workers — Risk from explosive atmospheres — Failure to transpose within the prescribed period)

24.12.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 330/6
            
         
      JUDGMENT OF THE COURT
   
   (Sixth Chamber)
   of 27 October 2005
   in Case C-377/04: Commission of the European Communities v Republic of Austria (1)
   
   (Failure of a Member State to fulfil obligations - Directive 1999/92/EC - Protection of workers - Risk from explosive atmospheres - Failure to transpose within the prescribed period)
   (2005/C 330/11)
   Language of the case: German
   In Case C-377/04 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 fulfil obligations, brought on 2 September 2004 — the Court (Sixth Chamber), composed of J. Malenovský, President of the Chamber, A. Borg Barthet (Rapporteur) and U. Lõhmus, Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, gave a judgment on 27 October 2005, in which it:
   
               1.
            
            
               Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to implement fully Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC), 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.