Judgment of the Court (Fourth Chamber) of 23 February 2006 – Commission v Austria
(Case C‑133/05)
Failure of a Member State to fulfil obligations – Directive 2000/78/EC – Equal treatment in employment and occupation – Failure to transpose within the prescribed period
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. 7)
Re:
| Failure of a Member State to fulfil obligations – Failure to transpose, within the prescribed period, Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p.16) |
Operative part:
The Court:
1. |
| Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply, at federal level, with the provisions on discrimination based on disability in Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation and, at Länder level, with the exception of the Länder of Vienna and Lower-Austria, with all the provisions of that directive, the Republic of Austria has failed to fulfil its obligations under that directive; |
2. |
| Orders the Republic of Austria to pay the costs. |