Case C-90/04 Commission v Austria: Austria fails to provide report on sulphur content of fuels

Austria was held by the European Court of Justice to have failed in its obligations under Article 7 of Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC.

Judgement was given in the case of the European Commission v Austria on 3 March 2005.

Under the Directive, Member States are required by 30 June each year to supply the Commission with a short report on the sulphur content of the liquid fuels falling within the scope of the Directive and used within their territory during the preceding calendar year.

This is required under Article 7(1) of the Directive and is formulated on the basis of the results of the sampling and analysis carried out in accordance with Article 6 of the Directive.

Following the issue of a reasoned opinion addressed to the Republic of Austria on 11 July 2003, the European Commission brought proceedings against Austria on 23 February 2004 for failure to comply with this obligation under Article 7 of Directive 1999/32/EC.

By failing to provide an implementation report for the year 2001, before 30 June 2002 in accordance with the timescales set by the Directive, Austria was held to have failed in its obligations and was ordered to pay the expenses of the action. The judgement in the case is currently only available in French and German though should shortly be available in English through the following link:

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