Judgment of the Court (Seventh Chamber) of 24 May 2007. # Commission of the European Communities v Republic of Austria. # Failure by a Member State to fulfil its obligations - Directive 2001/45/EC - Social policy - Worker protection - Use of work equipment - Minimum health and safety requirements. # Case C-359/06.

Subject of the case

Re:

Failure of a Member State to fulfil its obligations – Failure to adopt, within the period prescribed, all the provisions necessary to comply with 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) (OJ 1989 L 195, p. 46).

Operative part

Operative part

The Court:

1. Declares that, by failing to adopt, within the period prescribed, all the necessary laws, regulations and administrative provisions necessary to comply with 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) regarding Burgenland and the Land of Carinthia, and with regard to the Land of Lower Austria, by not, at the very least, informing the Commission of the European Communities of those provisions within that period, the Republic of Austria has failed to fulfil its obligations under that directive;

2. Orders the Republic of Austria to pay the costs.