CELEX: C2004/094/58
Language: en
Date: 2004-04-17 00:00:00
Title: Case C-90/04: Action brought on 23 February 2004 by the Commission of the European Communities against the Republic of Austria

17.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 94/27
            
         Action brought on 23 February 2004 by the Commission of the European Communities against the Republic of Austria
   (Case C-90/04)
   (2004/C 94/58)
   An action against the Republic of Austria was brought before the Court of Justice of the European Communities on 23 February 2004 by the Commission of the European Communities, represented by Josef Christian Schieferer and Gregorio Valero Jordana, acting as Agents, with an address for service in Luxembourg.
   The applicant claims that the Court should:
   
               1.
            
            
               declare that, by failing hitherto to supply to the Commission the report required by 30 June 2002 under Article 7(1) of Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC (1), the Republic of Austria has failed to fulfil its obligations under Article 7(1) of that Directive.
            
         
               2.
            
            
               order the Republic of Austria to bear the costs of the action.
            
         Pleas in law and main arguments
   Under Article 7(1) of Directive 1999/32/EC the Member States are to supply to the Commission by 30 June of each year, on the basis of the results of the sampling and analysis carried out in accordance with Article 6, a short report on the sulphur content of the liquid fuels falling within the scope of the Directive and used within their territory during the preceding calendar year.
   The Republic of Austria was accordingly to have supplied the first report for 2001 by 30 June 2002. The Republic of Austria had not complied with this requirement by the time the present action was brought and so has failed to fulfil its obligations under Article 7(1) of Directive 1999/32/EC.
   
      (1)  OJ 1999 L 121, p. 13.