CELEX: C2005/082/08
Language: en
Date: 2005-04-02 00:00:00
Title: Judgment of the Court of Justice (Fourth Chamber) of 16 December 2004 in Case C-358/03 Commission of the European Communities v Republic of Austria (Failure to fulfil obligations — Workers' protection — Health and safety of workers — Manual handling of loads where there is a risk of injury to workers)

2.4.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/4
            
         
      JUDGMENT OF THE COURT OF JUSTICE
   
   (Fourth Chamber)
   of 16 December 2004
   in Case C-358/03 Commission of the European Communities v Republic of Austria (1)
   
   (Failure to fulfil obligations - Workers' protection - Health and safety of workers - Manual handling of loads where there is a risk of injury to workers)
   (2005/C 82/08)
   Language of the Case: German
   In Case C-358/03, concerning an action for failure to fulfil obligations under Article 226 EC, brought on 19 August 2003 by the Commission of the European Communities (Agents: D. Martin and H. Kreppel) against the Republic of Austria (Agent: E. Riedl), the Court of Justice (Fourth Chamber), composed of K. Lenaerts, President of the Chamber, N. Colneric (Rapporteur), and J.N. Cunha Rodrigues, Judges; Advocate General, A. Tizzano; Registrar, R. Grass, gave a judgment on 16 December 2004, in which it:
   
               1.
            
            
               Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply, in the Land of Carinthia, with Council Directive 90/269/EEC of 29 May 1990 on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers (fourth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC), the Republic of Austria has failed to fulfil its obligations under that Directive;
            
         
               2.
            
            
               Dismisses the remainder of the action;
            
         
               3.
            
            
               Orders the Commission of the European Communities and the Republic of Austria to bear their own costs.
            
         
      (1)  OJ C 264 of 01.11.2003