CELEX: C2006/143/24
Language: en
Date: 2006-06-17 00:00:00
Title: Case C-428/04: Judgment of the Court (Third Chamber) of  6 April 2006  — Commission of the European Communities v Republic of Austria (Failure to fulfil obligations — Directive 89/391/EEC — Measures to encourage improvements in the safety and health of workers at work — Failure to notify implementing measures — Incorrect or inadequate implementation — Articles 2(1), 7(3), 8(2), 11(2)(c) and (d), 13(2)(b) and 18)

17.6.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 143/13
            
         Judgment of the Court (Third Chamber) of 6 April 2006 — Commission of the European Communities v Republic of Austria
   (Case C-428/04) (1)
   
   (Failure to fulfil obligations - Directive 89/391/EEC - Measures to encourage improvements in the safety and health of workers at work - Failure to notify implementing measures - Incorrect or inadequate implementation - Articles 2(1), 7(3), 8(2), 11(2)(c) and (d), 13(2)(b) and 18)
   (2006/C 143/24)
   Language of the case: German
   Parties
   
      Applicant: Commission of the European Communities (represented by: V. Kreuschitz, N. Yerrell and H. Kreppel, Agents)
   
      Defendant: Republic of Austria (represented by: C. Pesendorfer, Agent)
   Re:
   Failure of a Member State to fulfil obligations — Incomplete and incorrect transposition of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ 1989 L 183, p. 1)
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by failing to adopt, within the prescribed period, the Law on the Rules governing Teachers in the Länder (Landeslehrer-Dienstrechtsgesetz), contrary to the requirements of Article 18(1) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work, and by failing to implement, or to implement in full, Article 2(1), in respect of compulsory education teachers in the Tyrol, and Articles 7(3), 8(2), 11(2)(c) and (d) and 13(2)(b) of that directive, the Republic of Austria has failed to fulfil its obligations under those provisions of the Directive;
            
         
               2.
            
            
               Dismisses the remainder of the action;
            
         
               3.
            
            
               Orders the Republic of Austria to bear its own costs and five sixths of the costs of the Commission of the European Communities.
            
         
      (1)  OJ C 314, 18.12.2004.