CELEX: 62006CJ0102
Language: en
Date: 2006-10-26 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 26 October 2006. # Commission of the European Communities v Republic of Austria. # Failure of a Member State to fulfil obligations - Minimum standards for the reception of asylum seekers in the Member States - Failure to transpose within the prescribed time-limit. # Case C-102/06.

Judgment of the Court (Sixth Chamber) of 26 October 2006 – Commission v Austria
      (Case C-102/06)
      Failure of a Member State to fulfil obligations – Directive 2003/9/EC – Minimum standards for the reception of asylum seekers in the Member States – Failure to transpose within the prescribed time-limit
      1.                     Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 8)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification imputing the failure
            to decentralised authorities – Not permissible (Art. 226 EC) (see para. 9)
      Re:
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed time-limit, all the measures necessary
                  to comply with Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers
                  (OJ 2003 L 31, p. 18).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive
                     2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers, the Republic of Austria has
                     failed to fulfil its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  Orders the Republic of Austria is pay the costs.