CELEX: C2004/262/42
Language: en
Date: 2004-10-23 00:00:00
Title: Case C-378/04: Action brought on 2 September 2004 by the Commission of the European Communities against the Republic of Austria

23.10.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/23
            
         Action brought on 2 September 2004 by the Commission of the European Communities against the Republic of Austria
   (Case C-378/04)
   (2004/C 262/42)
   An action against the Republic of Austria was brought before the Court of Justice of the European Communities on 2 September 2004 by the Commission of the European Communities, represented by Denis Martin and Horstpeter Kreppel, with an address for service in Luxembourg.
   The applicant claims that the Court should:
   
               1.
            
            
               Declare that the Republic of Austria has failed to fulfil its obligations under 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 (OJ 1999 L 138, p. 66) by not adopting the necessary legislative and administrative measures for the full implementation on that directive, or by failing to communicate such measures to the Commission.
            
         
               2.
            
            
               Order the Republic of Austria to bear the costs.
            
         Pleas in law and main arguments
   The prescribed period for implementing Directive 1999/38/EC expired on 29 April 2003.