Judgment of the Court (Sixth Chamber) of 26 October 2006 – Commission v Austria
(Case C-102/06)
Failure of a Member State to fulfil obligations – Directive 2003/9/EC – Minimum standards for the reception of asylum seekers in the Member States – Failure to transpose within the prescribed time-limit
1.Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 8)
2.Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification imputing the failure to decentralised authorities – Not permissible (Art. 226 EC) (see para. 9)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed time-limit, all the measures necessary to comply with Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (OJ 2003 L 31, p. 18). |
Operative part
The Court:
1. |
| Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers, the Republic of Austria has failed to fulfil its obligations under that directive; |
2. |
| Orders the Republic of Austria is pay the costs. |