CELEX: C2003/124/26
Language: en
Date: 2003-05-24 00:00:00
Title: Case C-164/03: Action brought on 9 April 2003 by the Commission of the European Communities against the Republic of Austria

C 124/16                 EN                        Official Journal of the European Union                                        24.5.2003
Pleas in law and main arguments                                            represented by Dr Ulrich Wölker, Commission Legal Adviser,
                                                                           and Florence Simonetti, a national civil servant available to the
—     Breach of the Staff Regulations and of the Conditions                Commission Legal Service under an exchange scheme, with an
      of Employment of Other Servants of the European                      address for service in Luxembourg.
      Communities
      According to Article 30 of Council Decision 2002/                    The Commission claims that the Court should:
      187/JHA of 28 February 2002 establishing Eurojust to
      strengthen the fight against serious forms of crime ( 1),            1.    declare that, by failing to adopt, or to communicate to
      Eurojust staff are to be subject to the rules and regulations              the Commission, the laws, regulations and administrative
      applicable to the officials and other servants of the                      provisions necessary in order to implement Council
      European Communities.                                                      Directive 97/11/EC of 3 March 1997 amending Directive
                                                                                 85/337/EEC on the assessment of the effects of certain
      Under Article 12 of the Conditions of Employment,                          public and private projects on the environment (1) in the
      candidates are only required to have a thorough know-                      provinces of Burgenland and Salzburg, the Republic of
      ledge of one language and a satisfactory knowledge of                      Austria has failed to fulfil its obligations under that
      another.                                                                   directive;
—     Breach of the linguistic rules of Eurojust                           2.    order the Republic of Austria to pay the costs.
      Article 31 of Council Decision 2002/187/JHA provides
      that the official linguistic arrangements of the Union are
      to apply to Eurojust proceedings. No provision of the                Pleas in law and main arguments
      decision expressly states that the working languages of
      Eurojust are to be English and French.                               In accordance with the third paragraph of Article 249 EC,
                                                                           which provides that a directive is binding as to the result to be
—     Breach of the principle of non-discrimination                        achieved upon each Member State, the Member States are
      The requirement that part of the documents to be                     obliged to comply with the time-limit for implementation laid
      submitted should be drawn up in English and, most of                 down in directives. The period for implementation laid down
      all, the requirement of excellent knowledge of English               in Article 3(1) of Directive 97/11/EC expired on 14 March
      and French amounts to clear discrimination grounds of                1999 without the Republic of Austria having adopted the
      nationality, prohibited by Article 12 EC.                            necessary provisions for the provinces of Burgenland and
                                                                           Salzburg.
( 1) OJ 2002 L 63, p. 1.
                                                                           (1 ) OJ L 73, 14.3.1997, p. 5.
Action brought on 9 April 2003 by the Commission
of the European Communities against the Republic of                                Removal from the register of Case C-107/02 ( 1)
                              Austria
                                                                                                    (2003/C 124/27)
                          (Case C-164/03)
                          (2003/C 124/26)                                  By order of 4 March 2003 the President of the Court of Justice
                                                                           of the European Communities ordered the removal from the
                                                                           register of Case C-107/02: Commission of the European
An action against the Republic of Austria was brought before               Communities v Federal Republic of Germany.
the Court of Justice of the European Communities on 9 April
2003 by the Commission of the European Communities,                        (1 ) OJ C 191 of 10.08.2002.