CELEX: C2005/006/26
Language: en
Date: 2005-01-08 00:00:00
Title: Judgment of the Court (Second Chamber) of 28 October 2004 in Case C-360/03 Commission of the European Communities v Republic of Austria (Failure to fulfil obligations — Directive 2000/39/EC — Protection of the health and safety of workers — Risks related to chemical agents at work — Establishment of occupational exposure limit values — Failure to transpose throughout the territory of the Member State concerned within the prescribed period)

8.1.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/15
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 28 October 2004
   in Case C-360/03 Commission of the European Communities v Republic of Austria (1)
   
   (Failure to fulfil obligations - Directive 2000/39/EC - Protection of the health and safety of workers - Risks related to chemical agents at work - Establishment of occupational exposure limit values - Failure to transpose throughout the territory of the Member State concerned within the prescribed period)
   (2005/C 6/26)
   Language of the case: German
   In Case C-360/03 Commission of the European Communities (Agents: D. Martin and H. Kreppel) v Republic of Austria (Agent: E. Riedl) – action under Article 226 EC for failure to fulfil obligations, brought on 19 August 2003 – the Court (Second Chamber), composed of: C.W.A. Timmermanns (Rapporteur), President of the Chamber, C. Gulmann, J. Makarczyk, P. Kūris and J. Klučka, Judges; A. Tizzano, Advocate General; R. Grass, Registrar, gave a judgment on 28 October 2004, in which it:
   
               1.
            
            
               Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply fully with Commission Directive 2000/39/EC of 8 June 2000 establishing a first list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work, the Republic of Austria has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Orders the Republic of Austria to pay the costs.
            
         
      (1)  OJ C 264 of 1.11.2003.