CELEX: C2003/264/32
Language: en
Date: 2003-11-01 00:00:00
Title: Case C-359/03: Action brought on 19 August 2003 by the Commission of the European Communities against the Republic of Austria

C 264/20               EN                       Official Journal of the European Union                                           1.11.2003
Pleas in law and main arguments                                         That period expired without the Republic of Austria having
                                                                        adopted the necessary provisions.
The Republic of Austria was to transpose Directive 90/269/
EEC by the time of its accession to the European Union on               (1) OJ 1990 L 156, p. 14.
1 January 1995.
That period expired without the Republic of Austria having
adopted the necessary provisions.
(1) OJ 1990 L 156, p. 9.
                                                                        Action brought on 19 August 2003 by the Commission
                                                                        of the European Communities against the Republic of
                                                                                                      Austria
                                                                                                 (Case C-360/03)
Action brought on 19 August 2003 by the Commission
of the European Communities against the Republic of                                              (2003/C 264/33)
                             Austria
                         (Case C-359/03)
                                                                        An action against the Republic of Austria was brought
                         (2003/C 264/32)                                before the Court of Justice of the European Communities
                                                                        on 19 August 2003 by the Commission of the European
                                                                        Communities, represented by Denis Martin, Member of the
                                                                        Legal Service of the European Commission, and Horstpeter
An action against the Republic of Austria was brought                   Kreppel, seconded to the Commission’s Legal Service within
before the Court of Justice of the European Communities                 the framework of an exchange with national officials, with an
on 19 August 2003 by the Commission of the European                     address for service in Luxembourg.
Communities, represented by Denis Martin, Member of the
Legal Service of the European Commission, and Horstpeter
Kreppel, seconded to the Commission’s Legal Service within              The applicant claims that the Court should:
the framework of an exchange with national officials, with an
address for service in Luxembourg.                                      1.    Declare that, by failing to adopt or to notify the Com-
                                                                              mission of all the laws, regulations and administrative
                                                                              provisions necessary fully to comply with Commission
The applicant claims that the Court should:                                   Directive 2000/39/EC of 8 June 2000 establishing a first
                                                                              list of indicative occupational exposure limit values in
1.    Declare that, by failing to adopt or at any rate to                     implementation of Council Directive 98/24/EC on the
      notify the laws, regulations and administrative provisions              protection of the health and safety of workers from the
      necessary fully to comply with Council Directive 90/270/                risks related to chemical agents at work (1), the Republic
      EEC of 29 May 1990 on the minimum safety and health                     of Austria has failed to fulfil its obligations under Article 3
      requirements for work with display screen equipment                     of that directive;
      (fifth individual Directive within the meaning of
      Article 16(1) of Directive 89/391/EEC) (1), the Republic          2.    Order the Republic of Austria to pay the costs of the
      of Austria has failed to fulfil its obligations under                   proceedings.
      Article 11 of that directive and the third paragraph of
      Article 249 of the Treaty.
2.    Order the Republic of Austria to pay the costs of the
      proceedings.                                                      Pleas in law and main arguments
                                                                        The period for transposition expired on 31 December 2001.
Pleas in law and main arguments
                                                                        (1) OJ 2000 L 142, p. 47.
The Republic of Austria was to transpose Directive 90/270/
EEC by the time of its accession to the European Union on
1 January 1995.