CELEX: C2005/082/07
Language: en
Date: 2005-04-02 00:00:00
Title: Judgment of the Court (Grand Chamber) of 1 February 2005 in Case C-203/03: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil its obligations — Articles 249 EC and 307 EC — Articles 2 and 3 of Directive 76/207/EEC — Equal treatment for men and women — Prohibition of the employment of women in underground work in mining or in a high-pressure atmosphere or in diving work)

2.4.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/4
            
         
      JUDGMENT OF THE COURT
   
   (Grand Chamber)
   of 1 February 2005
   in Case C-203/03: Commission of the European Communities v Republic of Austria (1)
   
   (Failure of a Member State to fulfil its obligations - Articles 249 EC and 307 EC - Articles 2 and 3 of Directive 76/207/EEC - Equal treatment for men and women - Prohibition of the employment of women in underground work in mining or in a high-pressure atmosphere or in diving work)
   (2005/C 82/07)
   Language of the case: German
   In Case C-203/03, action under Article 226 EC for failure to fulfil obligations, brought on 12 May 2003, Commission of the European Communities (Agent: N. Yerrell and H. Kreppel) v Republic of Austria (Agent: H. Dossi and E. Riedl) – action under Article 226 EC for failure to fulfil obligations, brought on 12 May 2003 – the Court (Grand Chamber), composed of V. Skouris, President of the Chamber, P. Jann, C.W.A. Timmermans and A. Rosas, Presidents of Chambers, J.-P. Puissochet, R. Schintgen, N. Colneric (Rapporteur), J. Malenovský, J. Klučka, U. Lõhmus and E. Levits, Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, gave a judgment on 1 February 2005, in which it:
   
               1.
            
            
               Declares that, by maintaining in Articles 8 and 31 of the Druckluft- und Taucherarbeiten-Verordnung (Regulation on work in a high-pressure atmosphere and diving work) of 25 July 1973 a general prohibition of the employment of women in work in a high-pressure atmosphere and in diving work, providing a limited number of exceptions in the former case, the Republic of Austria has failed to fulfil its obligations under Articles 2 and 3 of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions;
            
         
               2.
            
            
               Dismisses the remainder of the action;
            
         
               3.
            
            
               Orders the parties to bear their own costs.
            
         
      (1)  OJ C 158 of 05.07.2003.