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2.4.2005 |
EN |
Official Journal of the European Union |
C 82/4 |
JUDGMENT OF THE COURT OF JUSTICE
(Fourth Chamber)
of 16 December 2004
in Case C-358/03 Commission of the European Communities v Republic of Austria (1)
(Failure to fulfil obligations - Workers' protection - Health and safety of workers - Manual handling of loads where there is a risk of injury to workers)
(2005/C 82/08)
Language of the Case: German
In Case C-358/03, concerning an action for failure to fulfil obligations under Article 226 EC, brought on 19 August 2003 by the Commission of the European Communities (Agents: D. Martin and H. Kreppel) against the Republic of Austria (Agent: E. Riedl), the Court of Justice (Fourth Chamber), composed of K. Lenaerts, President of the Chamber, N. Colneric (Rapporteur), and J.N. Cunha Rodrigues, Judges; Advocate General, A. Tizzano; Registrar, R. Grass, gave a judgment on 16 December 2004, in which it:
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1. |
Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply, in the Land of Carinthia, with Council Directive 90/269/EEC of 29 May 1990 on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers (fourth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC), the Republic of Austria has failed to fulfil its obligations under that Directive; |
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2. |
Dismisses the remainder of the action; |
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3. |
Orders the Commission of the European Communities and the Republic of Austria to bear their own costs. |