CELEX: C2000/163/18
Language: en
Date: 2000-06-10 00:00:00
Title: Case C-110/00: Action brought on 23 March 2000 by the Commission of the European Communities against the Republic of Austria

10.6.2000                EN                     Official Journal of the European Communities                                          C 163/11
The applicant claims that the Court should:                                The Commission claims that the Court should:
1. Declare that, by failing to adopt within the prescribed                 a) declare that, by not adopting and/or notifying to the
     period all the provisions necessary to comply with Council                  Commission the laws, regulations and administrative pro-
     Directive 97/41/EC of 25 June 1997 amending Direc-                          visions necessary to comply with Commission Directive
     tives 76/895/EEC, 86/362/EEC, 86/363/EEC and                                97/59/EC (1) of 7 October 1997 adapting to technical
     90/642/EEC (1), the Portuguese Republic has failed to fulfil                progress Council Directive 90/679/EEC (2) on the protec-
     its obligations under the Treaty; and                                       tion of workers from risks related to exposure to biological
                                                                                 agents at work (seventh individual Directive within the
                                                                                 meaning of Article 16(1) of Directive 89/391/EEC) (3), the
2. Order the Portuguese Republic to pay the costs.                               Republic of Austria has failed to fulfil its obligations under
                                                                                 Article 2(1) of that directive;
                                                                           b) order the Republic of Austria to pay the costs.
Pleas in law and main arguments
The pleas in law and main arguments are analogous to those                 Pleas in law and main arguments
in Case C-105/00 (2); the time-limit for transposition expired
on 31 December 1998.
                                                                           The pleas in law and main arguments correspond to those put
                                                                           forward in Case C-105/00 (4); according to the Commission
                                                                           the time-limit for transposition expired on 31 March 1998
(1) Council Directive 97/41/EC of 25 June 1997 amending Directives
                                                                           without Austria having adopted the necessary measures in full
    76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC relating             for all sectors and at all State levels, in particular at Land level.
    to the fixing of maximum levels for pesticide residues in and on,
    respectively, fruit and vegetables, cereals, foodstuffs of animal
    origin, and certain products of plant origin, including fruit and
    vegetables (OJ 1997 L 184, p. 33).                                     ( 1) OJ L 282, 15.10.1997, p. 33.
(2) See p. 10 of this Official Journal.                                    ( 2) OJ L 374, 31.12.1990, p. 1.
                                                                           ( 3) OJ L 183, 29.6.1989, p. 1.
                                                                           ( 4) Commission v Portugal, notice not yet published in the Official
                                                                                Journal.
Action brought on 23 March 2000 by the Commission
of the European Communities against the Republic of                        Action brought on 23 March 2000 by the Commission
                                 Austria                                   of the European Communities against the Republic of
                                                                                                          Austria
                           (Case C-110/00)
                                                                                                     (Case C-111/00)
                           (2000/C 163/18)                                                           (2000/C 163/19)
An action against the Republic of Austria was brought before               An action against the Republic of Austria was brought before
the Court of Justice of the European Communities on 23 March               the Court of Justice of the European Communities on 23 March
2000 by the Commission of the European Communities,                        2000 by the Commission of the European Communities,
represented by Nicola Yerrell, of its Legal Service, and Clemens           represented by Nicola Yerrell, of its Legal Service, and Clemens
Ladenburger, on secondment to its Legal Service under an                   Ladenburger, on secondment to its Legal Service under an
exchange with national civil servants, with an address for                 exchange with national civil servants, with an address for
service in Luxembourg at the office of Carlos Gómez de la                 service in Luxembourg at the office of Carlos Gómez de la
Cruz, of its Legal Service, C 254, Wagner Centre, Kirchberg.               Cruz, of its Legal Service, C 254, Wagner Centre, Kirchberg.