11.6.2005   

EN

Official Journal of the European Union

C 143/26


Action brought on 5 April 2005 by the Commission of the European Communities against the Republic of Austria

(Case C-153/05)

(2005/C 143/39)

Language of the case: German

An action against the Republic of Austria was brought before the Court of Justice of the European Communities on 5 April 2005 by the Commission of the European Communities, represented by Gerald Braun, with an address for service in Luxembourg.

The Commission claims that the Court should:

1.

declare that, by failing to adopt the laws, regulations and administrative provisions necessary to transpose Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports (1) and, in any event, by failing to communicate them to the Commission, the Republic of Austria has failed to fulfil its obligations under the EC Treaty and that directive;

2.

order the Republic of Austria to pay the costs.

Pleas in law and main arguments

The period for transposition of the directive into national law expired on 28 September 2003.


(1)  OJ L 85, 28.03.2002, p. 40.