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Judgment of the Court (Fourth Chamber) of 26 October 2006. # Commission of the European Communities v Republic of Austria. # Failure of a Member State to fulfil obligations -Failure to transpose- Directive 2002/49/EC. # Case C-94/06.
ECLI:EU:C:2006:690
62006CJ0094
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(Case C-94/06)
Failure of a Member State to fulfil obligations – Failure to transpose – Directive 2002/49/EC
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. 6)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt within the prescribed period, the measures necessary to comply with Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise – Declaration by the Commission in the Conciliation Committee on the Directive relating to the assessment and management of environmental noise (OJ 2002 L 189, p. 12).
Operative part
The Court:
1.Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to transpose into national law Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise as regards the Provinces of Burgenland, Carinthia, Upper Austria, Salzburg, Styria and Tyrol, the Republic of Austria has failed to fulfil its obligations under Article 14(1) of that directive;
2.Orders the Republic of Austria to pay the costs.