CELEX: 62005CJ0043
Language: en
Date: 2006-02-23
Title: Judgment of the Court (Fourth Chamber) of 23 February 2006. # Commission of the European Communities v Federal Republic of Germany. # Failure of a Member State to fulfil its obligations - Directive 2000/78/EC - Equal treatment in employment and occupation - Failure to transpose within the prescribed period. # Case C-43/05.

Judgment of the Court (Fourth Chamber) of 23 February 2006 – Commission v Germany
      (Case C‑43/05)
      Failure of a Member State to fulfil obligations – Directive 2000/78/EC – Equal treatment in employment and occupation – Failure to transpose within the prescribed period
      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. 9)
      Re:
      
         
               Failure of a Member State to fulfil obligations – Failure to transpose, within the prescribed period, Council Directive 2000/78/EC
                  of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16)
               
            Operative part:
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Council
                     Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation,
                     as far as concerns discrimination based on religion or belief, disability and sexual orientation, the Federal Republic of
                     Germany has failed to fulfil its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  Orders the Federal Republic of Germany to pay the costs.