CELEX: C2001/348/13
Language: en
Date: 2001-12-08 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 11 October 2001 In Case C-111/00: Commission of the European Communities v Republic of Austria (Failure by a Member State to fulfil its obligations — Directive 97/65/EC)

C 348/8                   EN                    Official Journal of the European Communities                                          8.12.2001
1.    Declares that, by failing to adopt, within the prescribed period,          to comply with Commission Directive 97/65/EC of 26 Novem-
      all the laws, regulations and administrative provisions necessary          ber 1997 adapting, for the third time, to technical progress
      to comply with Commission Directive 97/59/EC of 7 October                  Council Directive 90/679/EEC on the protection of workers
      1997 adapting to technical progress Council Directive                      from risks related to exposure to biological agents at work, the
      90/679/EEC on the protection of workers from risks related to              Republic of Austria has failed to fulfil its obligations under
      exposure to biological agents at work (seventh individual                  Article 2(1) of that Directive;
      Directive within the meaning of Article 16(1) of Directive
      89/391/EEC), the Republic of Austria has failed to fulfil its        2.    Orders the Republic of Austria to pay the costs.
      obligations under Article 2(1) of that Directive;
2.    Orders the Republic of Austria to pay the costs.                     (1) OJ C 163 of 10.6.2000.
(1) OJ C 163 of 10.6.2000.
                                                                                            JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT
                                                                                                      (First Chamber)
                          (Fourth Chamber)
                                                                                                   of 25 October 2001
                         of 11 October 2001
                                                                           in Case C-189/00 (reference for a preliminary ruling from
In Case C-111/00: Commission of the European Com-                          the Sozialgericht Trier): Urszula Ruhr v Bundesanstalt für
                munities v Republic of Austria (1)                                                        Arbeit (1)
(Failure by a Member State to fulfil its obligations —                     (Regulation (EEC) No 1408/71 — Nationals of non-member
                         Directive 97/65/EC)                               countries — Members of a worker’s family — Rights
                                                                           acquired directly and rights derived through others —
                                                                                                 Unemployment benefit)
                            (2001/C 348/13)
                                                                                                      (2001/C 348/14)
                    (Language of the case: German)
                                                                                              (Language of the case: German)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)
                                                                           (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
In Case C-111/00: Commission of the European Communities
(Agents: N. Yerrell and C. Ladenburger) v Republic of Austria
(Agent: C. Pesendorfer) — application for a declaration that,
                                                                           In Case C-189/00: reference to the Court under Article 177 of
by failing to adopt and/or notify to the Commission the laws,
                                                                           the EC Treaty (now Article 234 EC) from the Sozialgericht
regulations and administrative provisions necessary to comply
                                                                           (Social Court) Trier (Germany) for a preliminary ruling in the
with Commission Directive 97/65/EC of 26 November 1997
                                                                           proceedings pending before that court between Urszula Ruhr
adapting, for the third time, to technical progress Council
                                                                           v Bundesanstalt für Arbeit — on the interpretation of
Directive 90/679/EEC on the protection of workers from risks
                                                                           Article 2(1) of Regulation (EEC) No 1408/71 of the Council of
related to exposure to biological agents at work, (OJ 1997
                                                                           14 June 1971 on the application of social security schemes to
L 335, p. 17), the Republic of Austria has failed to fulfil its
                                                                           employed persons, to self-employed persons and to members
obligations under Article 2(1) of that Directive — the Court
                                                                           of their families moving within the Community, in the version
(Fourth Chamber), composed of: S. von Bahr, President of the
                                                                           amended and updated by Council Regulation (EC) No 118/97
Chamber, A. La Pergola (Rapporteur) and C.W.A. Timmer-
                                                                           of 2 December 1996 (OJ 1997 L 28, p. 1), as amended by
mans, Judges; L.A. Geelhoed, Advocate General; R. Grass,
                                                                           Council Regulation (EC) No 307/1999 of 8 February 1999 (OJ
Registrar, has given a judgment on 11 October 2001, in which
                                                                           1999 L 38, p. 1) — the Court (First Chamber), composed of:
it:
                                                                           P. Jann, President of the Chamber, L. Sevón and M. Wathelet
                                                                           (Rapporteur), Judges; S. Alber, Advocate General; R. Grass,
1.    Declares that, by failing to adopt, within the prescribed period,    Registrar, has given a judgment on 25 October 2001, in which
      all the laws, regulations and administrative provisions necessary    it has ruled: