This document is an excerpt from the EUR-Lex website
Document C2004/273/14
Judgment of the Court (Fifth Chamber) of 9 September 2004 in Case C-81/03: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil its obligations — Articles 43 EC and 49 EC — Paramedical professions — Exercise on an independent basis)
Judgment of the Court (Fifth Chamber) of 9 September 2004 in Case C-81/03: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil its obligations — Articles 43 EC and 49 EC — Paramedical professions — Exercise on an independent basis)
Judgment of the Court (Fifth Chamber) of 9 September 2004 in Case C-81/03: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil its obligations — Articles 43 EC and 49 EC — Paramedical professions — Exercise on an independent basis)
OJ C 273, 6.11.2004, p. 8–8
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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6.11.2004 |
EN |
Official Journal of the European Union |
C 273/8 |
JUDGMENT OF THE COURT
(Fifth Chamber)
of 9 September 2004
in Case C-81/03: Commission of the European Communities v Republic of Austria (1)
(Failure of a Member State to fulfil its obligations - Articles 43 EC and 49 EC - Paramedical professions - Exercise on an independent basis)
(2004/C 273/14)
Language of the case: German
In Case C-81/03: Commission of the European Communities (Agents: C. Schmidt and M. Patakia) against Republic of Austria (Agent: E. Riedl) — application for a declaration of failure to act under Article 226 EC, brought on 21 February 2003 — the Court (Fifth Chamber), composed of: C. Gulmann, President of the Chamber, S. von Bahr and R. Silva da Lapuerta (Rapporteur), Judges; M. Poiares Maduro, Advocate General; R. Grass, Registrar, has given a judgment on 9 September 2004, the operative part of which is as follows:
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1. |
By prohibiting, under Paragraph 7a of the Federal Law on the Regulation of Higher Medico-Technical Services, the independent exercise of certain medico-technical professions (laboratory technicians, radiology technicians and orthoptists), the Republic of Austria has failed to fulfil its obligations under Articles 43 EC and 49 EC; |
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2. |
The Republic of Austria is ordered to pay the costs. |