CELEX: 62006CJ0359
Language: en
Date: 2007-05-24 00:00:00
Title: Judgment of the Court (Seventh Chamber) of 24 May 2007. # Commission of the European Communities v Republic of Austria. # Failure by a Member State to fulfil its obligations - Directive 2001/45/EC - Social policy - Worker protection - Use of work equipment - Minimum health and safety requirements. # Case C-359/06.

Judgment of the Court (Seventh Chamber) of 24 May 2007 – Commission v Austria
      (Case C‑359/06)
      Failure of a Member State to fulfil its obligations – Directive 2001/45/EC – Social policy – Worker protection – Use of work equipment – Minimum health and safety requirements
      Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 10)
      Re: 
      
         Failure of a Member State to fulfil its obligations – Failure to adopt, within the period prescribed, all the provisions necessary
                  to comply with Directive 2001/45/EC of the European Parliament and of the Council of 27 June 2001, amending Council Directive
                  89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (second
                  individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ 1989 L 195, p. 46).
               
            Operative part
      The Court: 
      
         
                   
               
               
                  
               
               
                  Declares that, by failing to adopt, within the period prescribed, all the necessary laws, regulations and administrative provisions
                     necessary to comply with Directive 2001/45/EC of the European Parliament and of the Council of 27 June 2001, amending Council
                     Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work
                     (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) regarding Burgenland and the Land
                     of Carinthia, and with regard to the Land of Lower Austria, by not, at the very least, informing the Commission of the European
                     Communities of those provisions within that period, the Republic of Austria has failed to fulfil its obligations under that
                     directive;
                  
               
            
         
                   
               
               
                  
               
               
                  Orders the Republic of Austria to pay the costs.