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C 82/4 EN Official Journal of the European Union 2.4.

2005

JUDGMENT OF THE COURT JUDGMENT OF THE COURT OF JUSTICE

(Grand Chamber)
(Fourth Chamber)

of 1 February 2005
of 16 December 2004
in Case C-203/03: Commission of the European Commu-
nities v Republic of Austria (1)
in Case C-358/03 Commission of the European Commu-
nities v Republic of Austria (1)
(Failure of a Member State to fulfil its obligations — Articles
249 EC and 307 EC — Articles 2 and 3 of Directive
76/207/EEC — Equal treatment for men and women —
Prohibition of the employment of women in underground (Failure to fulfil obligations — Workers' protection —
work in mining or in a high-pressure atmosphere or in diving Health and safety of workers — Manual handling of loads
work) where there is a risk of injury to workers)

(2005/C 82/07) (2005/C 82/08)

(Language of the case: German)
(Language of the Case: German)

In Case C-203/03, action under Article 226 EC for failure to
fulfil obligations, brought on 12 May 2003, Commission of the
European Communities (Agent: N. Yerrell and H. Kreppel) v In Case C-358/03, concerning an action for failure to fulfil obli-
Republic of Austria (Agent: H. Dossi and E. Riedl) – action gations under Article 226 EC, brought on 19 August 2003 by
under Article 226 EC for failure to fulfil obligations, brought the Commission of the European Communities (Agents: D.
on 12 May 2003 – the Court (Grand Chamber), composed of Martin and H. Kreppel) against the Republic of Austria
V. Skouris, President of the Chamber, P. Jann, C.W.A. Timmer- (Agent: E. Riedl), the Court of Justice (Fourth Chamber),
mans and A. Rosas, Presidents of Chambers, J.-P. Puissochet, R. composed of K. Lenaerts, President of the Chamber, N. Colneric
Schintgen, N. Colneric (Rapporteur), J. Malenovský, J. Klučka, (Rapporteur), and J.N. Cunha Rodrigues, Judges; Advocate
U. Lõhmus and E. Levits, Judges; F.G. Jacobs, Advocate General; General, A. Tizzano; Registrar, R. Grass, gave a judgment on
R. Grass, Registrar, gave a judgment on 1 February 2005, in 16 December 2004, in which it:
which it:

1. Declares that, by maintaining in Articles 8 and 31 of the Druck- 1. Declares that, by failing to adopt the laws, regulations and
luft- und Taucherarbeiten-Verordnung (Regulation on work in a administrative provisions necessary to comply, in the Land of
high-pressure atmosphere and diving work) of 25 July 1973 a Carinthia, with Council Directive 90/269/EEC of 29 May 1990
general prohibition of the employment of women in work in a on the minimum health and safety requirements for the manual
high-pressure atmosphere and in diving work, providing a limited handling of loads where there is a risk particularly of back injury
number of exceptions in the former case, the Republic of Austria to workers (fourth individual Directive within the meaning of
has failed to fulfil its obligations under Articles 2 and 3 of Article 16(1) of Directive 89/391/EEC), the Republic of Austria
Council Directive 76/207/EEC of 9 February 1976 on the imple- has failed to fulfil its obligations under that Directive;
mentation of the principle of equal treatment for men and women
as regards access to employment, vocational training and promo-
tion, and working conditions;
2. Dismisses the remainder of the action;

2. Dismisses the remainder of the action;
3. Orders the Commission of the European Communities and the
Republic of Austria to bear their own costs.
3. Orders the parties to bear their own costs.

(1) OJ C 264 of 01.11.2003
(1) OJ C 158 of 05.07.2003.