CELEX: C2006/165/41
Language: en
Date: 2006-07-15 00:00:00
Title: Case C-235/06: Action brought on  24 May 2006  — Commission of the European Communities v Republic of Austria

15.7.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 165/22
            
         Action brought on 24 May 2006 — Commission of the European Communities v Republic of Austria
   (Case C-235/06)
   (2006/C 165/41)
   Language of the case: German
   Parties
   
      Applicant: Commission of the European Communities (represented by: G. Braun and R. Vidal Puig, acting as Agents)
   
      Defendant: Republic of Austria
   Form of order sought
   
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               declare that, by failing to lay down sanctions within the meaning of Article 16 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (1), the Republic of Austria has failed to fulfil its obligations under that regulation;
            
         
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               order the Republic of Austria to pay the costs.
            
         Pleas in law and main arguments
   Article 16 of Regulation No 261/2004 provides that, in the event that no compensation is paid, no re-routing offered or no right to reimbursement granted, sanctions are to be imposed on airlines. The sanctions laid down by the Member States for infringements of the regulation must be effective, proportionate and dissuasive.
   According to the information available to the Commission, Austria has not yet laid down effective, proportionate and dissuasive sanctions for infringements of the regulation.
   
      (1)  OJ L 46 of 17.2.2004, p. 1.