Judgment of the Court (Seventh Chamber) of 24 May 2007 – Commission v Austria
(Case C‑359/06)
Failure of a Member State to fulfil its obligations – Directive 2001/45/EC – Social policy – Worker protection – Use of work equipment – Minimum health and safety requirements
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. 10)
Re:
| Failure of a Member State to fulfil its obligations – Failure to adopt, within the period prescribed, all the provisions necessary to comply with Directive 2001/45/EC of the European Parliament and of the Council of 27 June 2001, amending Council Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ 1989 L 195, p. 46). |
Operative part
The Court:
1. |
| Declares that, by failing to adopt, within the period prescribed, all the necessary laws, regulations and administrative provisions necessary to comply with Directive 2001/45/EC of the European Parliament and of the Council of 27 June 2001, amending Council Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) regarding Burgenland and the Land of Carinthia, and with regard to the Land of Lower Austria, by not, at the very least, informing the Commission of the European Communities of those provisions within that period, the Republic of Austria has failed to fulfil its obligations under that directive; |
2. |
| Orders the Republic of Austria to pay the costs. |