CELEX: C2001/045/29
Language: en
Date: 2001-02-10 00:00:00
Title: Case C-462/00: Action brought on 21 December 2000 by the Commission of the European Communities against the Republic of Austria

10.2.2001               EN                     Official Journal of the European Communities                                        C 45/15
Action brought on 21 December 2000 by the Commission                      Action brought on 21 December 2000 by the Commission
of the European Communities against the Republic of                       of the European Communities against the Republic of
                             Austria                                                                       Austria
                         (Case C-461/00)                                                             (Case C-462/00)
                          (2001/C 45/28)                                                              (2001/C 45/29)
An action against the Republic of Austria was brought
before the Court of Justice of the European Communities on                An action against the Republic of Austria was brought
21 December 2000 by the Commission of the European                        before the Court of Justice of the European Communities on
Communities, represented by Josef Christian Schieferer, of its            21 December 2000 by the Commission of the European
Legal Service, with an address for service in Luxembourg at               Communities, represented by Josef Christian Schieferer, of its
the office of Carlos Gomez de la Cruz, of its Legal Service,              Legal Service, with an address for service in Luxembourg at
Wagner Centre C 254, Kirchberg.                                           the office of Carlos Gómez de la Cruz, of its Legal Service,
                                                                          Wagner Centre C 254, Kirchberg.
The applicant claims that the Court should:
                                                                          The applicant claims that the Court should:
(1) declare that, by failing to adopt the laws, regulations and
      administrative measures necessary in order to comply in             (1) declare that, by failing to adopt the laws, regulations and
      the Province of Burgenland with European Parliament                       administrative measures necessary in order to comply in
      and Council Directive 97/52/EC of 13 October 1997                         the Province of Burgenland with Directive 98/4/EC of the
      amending Directives 92/50/EEC, 93/36/EEC and                              European Parliament and of the Council of 16 February
      93/37/EEC concerning the coordination of procedures                       1998 amending Directive 93/38/EEC coordinating the
      for the award of public service contracts, public supply                  procurement procedures of entities operating in the
      contracts and public works contracts respectively (1), and                water, energy, transport and telecommunications sec-
      by failing to inform the Commission thereof, the Republic                 tors (1), and by failing to inform the Commission thereof,
      of Austria has failed to fulfil its obligations under the EC              the Republic of Austria has failed to fulfil its obligations
      Treaty and under Article 4 of that directive;                             under the EC Treaty and under Article 2 of that directive;
(2) order the Republic of Austria to pay the costs.                       (2) order the Republic of Austria to pay the costs.
Pleas in law and main arguments                                           Pleas in law and main arguments
The mandatory nature of the provisions of the third paragraph
                                                                          The pleas in law and main arguments are analogous to those
of Article 249 EC and of the first paragraph of Article 10 EC
                                                                          in Case C-461/00 (2); the time-limit for transposition expired
obliges Member States to transpose directives addressed to
                                                                          on 16 February 1999.
them into national law within the time-limit prescribed for so
doing. That time-limit expired on 1 October 1998.
                                                                          (1) OJ 1998 L 101, p. 1.
(1) OJ 1997 L 328, p. 1.                                                  (2) See p. 15 of this Official Journal.