CELEX: C1999/086/21
Language: en
Date: 1999-03-27 00:00:00
Title: Action brought on 3 February 1999 by the Commission of the European Communities against the Republic of Austria (Case C-25/99)

27.3.1999              EN                 Official Journal of the European Communities                                   C 86/11
     Germany has failed to fulfil its obligations under                   93/119/EC of 22 December 1993 on the protection of
     Articles 2(1) and 4(1) of Council Directive                          animals at the time of slaughter or killing (1), the
     85/337/EEC (1) of 27 June 1985 on the assessment of                  Republic of Austria has failed to fulfil its obligations
     the effects of certain public and private projects on the            under the EC Treaty and that directive.
     environment.
                                                                     2. Order the defendant to pay the costs.
2. Order the Federal Republic of Germany to pay the
     costs.
                                                                     Pleas in law and main arguments adduced in support:
Pleas in law and main arguments adduced in support:                  The pleas in law and main arguments are the same as in
                                                                     Case-20/1999 (2).
Acording to the German legislative provisions referred to            (1) OJ L 340, 31.12.1993, p. 21.
in 1., it is possible, in the circumstances described therein,       (2) See p. 9 of this Official Journal.
to implement projects relating to road construction and
airports which are subject, as projects covered by Annex I
to the directive, to assessment of their effects on the
environment, without any procedure for the official
approval of the plans Ð and thus without any assessment
of their effects on the environment. Under the German
legislation, assessment of environmental effects may be              Action brought on 3 February 1999 by the Commission of
dispensed with where the public interest is not affected             the European Communities against the Grand Duchy of
and where, moreover, the rights of third parties are not                                         Luxembourg
affected or where a form of contract has been concluded                                        (Case C-26/99)
with the legal owners of the land with a view to the
implementation of the projects in question. By contrast,                                       (1999/C 86/22)
the provisions of Directive 85/337/EEC are not mentioned
in the national legislation; nor does that legislation take
into account the requirements laid down in the directive.            An action against the Grand Duchy of Luxembourg was
                                                                     brought before the Court of Justice of the European
(1) OJ L 175, 5.7.1985, p. 40.                                       Communities on 3 February 1999 by the Commission of
                                                                     the European Communities, represented by Pieter Jan
                                                                     Kuijper, Legal Adviser, and Nicola Yerrell, national civil
                                                                     servant on secondment to the Legal Service, acting as
                                                                     Agents, with an address for service in Luxembourg at the
                                                                     Office of Carlos Gómez de la Cruz, of its Legal Service,
                                                                     Wagner Centre, Kirchberg.
Action brought on 3 February 1999 by the Commission of
the European Communities against the Republic of                     The Commission of the European Communities claims
                             Austria                                 that the Court should:
                         (Case C-25/99)
                         (1999/C 86/21)                              Ð Declare that, by failing to adopt and bring into force
                                                                          within the prescribed period the laws, regulations and
                                                                          administrative provisions necessary to comply with
                                                                          Commission Directive 95/30/EC of 30 June 1995
An action against the Republic of Austria was brought                     adapting to technical progress Council Directive
before the Court of Justice of the European Communities                   90/679/EEC on the protection of workers from risks
on 3 February 1999 by the Commission of the European                      related to exposure to biological agents at work (1), the
Communities, represented by Michael Niejahr, of its Legal                 Grand Duchy of Luxembourg has failed to fulfil its
Service, acting as Agent, with an address for service in                  obligations under the EC Treaty; and
Luxembourg at the Office of Carlos Gómez de la Cruz, of
its Legal Service, Wagner Centre, Kirchberg.
                                                                     Ð Order the Grand Duchy of Luxembourg to pay the
                                                                          costs.
The applicant claims that the Court should:
                                                                     Pleas in law and main arguments adduced in support:
1. Declare that, by failing to adopt within the prescribed
     period the laws, regulations and administrative                 The mandatory nature of the provisions of Article 189(3)
     provisions necessary to comply with Council Directive           and Article 5(1) of the EC Treaty requires Member States