Judgment of the Court (Sixth Chamber) of 18 July 2007 – Commission v Austria
(Case C‑517/06)
Failure of a Member State to fulfil obligations – Directive 2003/98/EC – Re-use of public sector information – Failure to transpose within the period prescribed
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. 10)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, all the measures necessary to comply with Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (OJ 2003 L 345, p. 90).
Operative part
The Court:
Declares that, by failing to adopt in the legislation of the Länder of Styria and Salzburg, within the period prescribed, all the laws, regulations and administrative measures necessary to comply with Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re‑use of public sector information, the Republic of Austria has failed to fulfil its obligations under that directive.
Orders the Republic of Austria to pay the costs.
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