CELEX: C2005/217/10
Language: en
Date: 2005-09-03 00:00:00
Title: Judgment of the Court (Second Chamber) of 7 July 2005 in Case C-147/03: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Articles 12 EC, 149 EC and 150 EC — Conditions of access to university education — Discrimination)

3.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/5
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 7 July 2005
   in Case C-147/03: Commission of the European Communities v Republic of Austria (1)
   
   (Failure of a Member State to fulfil obligations - Articles 12 EC, 149 EC and 150 EC - Conditions of access to university education - Discrimination)
   (2005/C 217/10)
   Language of the case: German
   In Case C-147/03: Commission of the European Communities (Agents: W. Bogensberger and D. Martin), supported by Republic of Finland, (Agents: A. Guimaraes-Purokoski and T. Pynnä) v Republic of Austria (Agents: H. Dossi and E. Riedl, assisted by C. Ruhs and H. Kasparovsky) — action under Article 226 EC for failure to fulfil obligations, brought on 31 March 2003 — the Court (Second Chamber), composed of R. Silva de Lapuerta, President of the Fifth Chamber acting for the President of the Second Chamber, C. Gulmann, J. Makarczyk (Rapporteur), P. Kūris and J. Klučka, Judges; F.G. Jacobs, Advocate General; M.-F. Contet, Principal Administrator, for the Registrar, gave a judgment on 7 July 2005, in which it:
   
               1.
            
            
               Declares that, by failing to take the necessary measures to ensure that holders of secondary education diplomas awarded in other Member States can gain access to higher and university education organised by it under the same conditions as holders of secondary education diplomas awarded in Austria, the Republic of Austria has failed to fulfil its obligations under Articles 12 EC, 149 EC and 150 EC;
            
         
               2.
            
            
               Orders the Republic of Austria to pay the costs.
            
         
      (1)  OJ C 112 of 10.5.2003.