CELEX: C2001/161/17
Language: en
Date: 2001-06-02 00:00:00
Title: Case C-133/01: Action brought on 22 March 2001 by the Commission of the European Communities against the Republic of Austria

2.6.2001               EN                     Official Journal of the European Communities                                        C 161/9
Action brought on 22 March 2001 by the Commission                        Action brought on 22 March 2001 by the Commission
of the European Communities against the Republic of                      of the European Communities against the Republic of
                                Austria                                                                   Austria
                          (Case C-132/01)
                                                                                                    (Case C-133/01)
                          (2001/C 161/16)
                                                                                                    (2001/C 161/17)
An action against the Republic of Austria was brought before
the Court of Justice of the European Communities on 22 March
2001 by the Commission of the European Communities,                      An action against the Republic of Austria was brought before
represented by Gerald Braun, of its Legal Service, with an               the Court of Justice of the European Communities on 22 March
address for service in Luxembourg at the office of Gerard                2001 by the Commission of the European Communities,
Berscheid, Legal Adviser in the Legal Service of the European            represented by Gerald Braun, of its Legal Service, with an
Commission, Wagner Centre C 254, Kirchberg.                              address for service in Luxembourg at the office of Gérard
                                                                         Berscheid, Legal Adviser in the Legal Service of the European
                                                                         Commission, Wagner Centre C 254, Kirchberg.
The applicant claims that the Court should:
(1) declare that, by failing within the prescribed time-limit to         The applicant claims that the Court should:
      adopt all the laws, regulations and administrative
      measures necessary in order to transpose into national
      law the provisions of Council Directive 97/41/EC of                (1) declare that, by failing within the prescribed time-limit to
      25 June 1997 (1) amending Directives 76/895/EEC,                         adopt all the laws, regulations and administrative
      86/362/EEC, 86/363/EEC and 90/642/EEC relating to the                    measures necessary in order to transpose into national
      fixing of maximum levels for pesticide residues in and                   law the provisions of Commission Directive 98/82/EC of
      on, respectively, fruit and vegetables, cereals, foodstuffs              27 October 1998(1) amending the Annexes to Council
      of animal origin, and certain products of plant origin,                  Directives 86/362/EEC, 86/363/EEC and 90/642/EEC on
      including fruit and vegetables, the Republic of Austria                  the fixing of maximum levels for pesticide residues in
      has failed to fulfil its obligations under the EC Treaty and             and on cereals, foodstuffs of animal origin and certain
      under the said directive;                                                products of plant origin, including fruit and vegetables
                                                                               respectively, the Republic of Austria has failed to fulfil its
                                                                               obligations under the EC Treaty and under the said
(2) order the defendant to pay the costs.                                      directive;
                                                                         (2) order the defendant to pay the costs.
Pleas in law and main arguments
The mandatory nature of the provisions of the third paragraph
                                                                         Pleas in law and main arguments
of Article 249 and of the first paragraph of Article 10 EC is
such as to oblige Member States to adopt the measures
necessary in order fully to transpose directives which are
addressed to them into their national legal order prior to the           The pleas in law and main arguments are analogous to those
expiry of the time-limit prescribed for so doing. The time-limit         in Case C-132/01 (2); the time-limit for transposition prescribed
laid down in the first paragraph of Article 5 of the directive           by Article 5(2) of the directive expired on 30 April 1999.
expired on 31 December 1999, but Austria has not enacted
the requisite provisions.
                                                                         (1) OJ L 290, 1998, p. 25.
                                                                         (2) See p. 9 of this Official Journal.
(1) OJ L 184, 1997, p. 33.