Failure of a Member State to fulfil obligations limit Failure to transpose within the prescribed time Minimum standards for the reception of asylum seekers in the Member States
Sumário
Judgment of the Court (Sixth Chamber) of 26 October 2006.
Commission of the European Communities v Republic of Austria.
Failure of a Member State to fulfil obligations - Minimum standards for the reception of asylum seekers in the Member States - Failure to transpose within the prescribed time-limit.
Case C-102/06.
Texto da decisão
Judgment of the Court (Sixth Chamber) of 26 October 2006 – Commission v Austria
(Case C-102/06)
Failure of a Member State to fulfil obligations – Directive 2003/9/EC – Minimum standards for the reception of asylum seekers in the Member States – Failure to transpose within the prescribed time-limit
1. Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 8)
2. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification imputing the failure to decentralised authorities – Not permissible (Art. 226 EC) (see para. 9)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed time-limit, all the measures necessary to comply with Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (OJ 2003 L 31, p. 18). |
Operative part
The Court:
|
1. |
Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers, the Republic of Austria has failed to fulfil its obligations under that directive; |
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2. |
Orders the Republic of Austria is pay the costs. |