Important legal notice

61999C0473

European Court reports 2001 Page I-04527

Opinion of the Advocate-General

In the present case, the Commission of the European Communities asks the Court to declare, in accordance with Article 226 EC, that, by failing to adopt all necessary measures to implement Commission Directive 95/30/EC of 30 June 1995 adapting to technical progress Council Directive 90/679/EEC on the protection of workers from risks related to exposure to biological agents at work (seventh 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.

I - Procedure and forms of order sought

II - Assessment of the Commission's application

6. Under the first sentence of Article 2(1) of the Directive, the Republic of Austria had to implement the Directive in national law by 30 November 1996 and immediately inform the Commission thereof. This obligation also arises under the third paragraph of Article 249 EC, under which a Directive shall be binding on each Member State as to the result to be achieved, as well as under Article 10 EC.

8. The Court has repeatedly held that the subject of an action under Article 226 EC is determined by reference to the reasoned opinion of the Commission. The existence of an infringement of the Treaty is to be determined by reference to the situation in the Member State as it stood at the end of the period laid down in the reasoned opinion. Subsequent changes may not be taken into consideration. It follows from the documents in the case that the Republic of Austria had not, by the expiry of the time-limit on 2 September 1998, adopted all the measures necessary to fulfil its obligations under the Directive. The action brought by the Commission must be considered to be well founded.

III - Conclusion

On the basis of the reasons set out above, I propose that the Court should:

(1) declare that, by failing to adopt, within the time-limit laid down by the Directive, the laws, regulations and administrative provisions necessary to comply with Commission Directive 95/30/EC of 30 June 1995 adapting to technical progress Council Directive 90/679/EEC on the protection of workers from risks related to exposure to biological agents at work (seventh 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;

(2) order the Republic of Austria to pay the costs in accordance with Article 69(2) of the Rules of Procedure.