CELEX: C2004/262/41
Language: en
Date: 2004-10-23 00:00:00
Title: Case C-377/04: Action brought on 2 September 2004 by the Commission of the European Communities against the Republic of Austria

23.10.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/23
            
         Action brought on 2 September 2004 by the Commission of the European Communities against the Republic of Austria
   (Case C-377/04)
   (2004/C 262/41)
   An action against the Republic of Austria was brought before the Court of Justice of the European Communities on 2 September 2004 by the Commission of the European Communities, represented by D. Martin and H. Kreppel, with an address for service in Luxembourg.
   The applicant claims that the Court should:
   
               1.
            
            
               declare that, by failing to adopt the laws, regulations and administrative provisions necessary to implement fully Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (1) or to inform the Commission of those measures, the Republic of Austria has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               order the Republic of Austria to pay the costs
            
         Pleas in law and main arguments
   The period prescribed for implementation of Directive 1999/92/EC expired on 30 June 2003.
   The Commission has found that, with the exception of implementation in the Länder of Lower Austria and Tyrol, that directive has not yet been implemented fully at either Federal level or the level of the remaining Länder.
   
      (1)  OJ 2000 L 23, p. 57.