18.1.2021

Official Journal of the European Union

C 19/10

(Case C-796/19) (<span class="oj-super oj-note-tag">1</span>)

(Failure of a Member State to fulfil obligations - Directive 2007/59/EC - Certification of train drivers - Article 3(a) - Competent national authority - Directive 2004/49/EC - Article 16(1) - Safety authority - Designation of several authorities)

(2021/C 19/13)

Language of the case: German

Parties

Applicant: European Commission (represented by: W. Mölls and C. Vrignon, acting as Agents)

Defendant: Republic of Austria (represented by: J. Schmoll and A. Posch, acting as Agents)

Operative part of the judgment

The Court:

1.Declares that, by designating as ‘competent authority’, for the purposes of Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community, an authority other than the safety authority referred to in Article 16 of Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive), the Republic of Austria has failed to fulfil its obligations under Article 3(a) of Directive 2007/59;

2.Orders the Republic of Austria to bear its own costs and to pay those incurred by the European Commission.

(<span class="oj-super">1</span>) OJ C 432, 23.12.2019.