Official Journal of the European Union

C 249/7

Action brought on 31 August 2006 — Commission of the European Communities v Republic of Austria

(Case C-359/06)

(2006/C 249/16)

Language of the case: German


Applicant: Commission of the European Communities (represented by: V. Kreuschitz and I. Kaufmann-Bühler, acting as Agents)

Defendant: Republic of Austria

Form of order sought

The Court is asked to:

declare that by not adopting the necessary laws, regulations and administrative provisions necessary to transpose 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) (1) or by not informing the Commission of such provisions, the Republic of Austria has failed to fulfil its obligations under that directive;

order the Republic of Austria to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of the directive expired on 19 July 2004.

(1)  OJ 2001 L 195, p. 46