Action brought on 28 May 2009 - Commission of the European Communities v Republic of Austria

(Case C-189/09)

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: L. Balta and B. Schöfer, acting as Agents)

Defendant: Republic of Austria

Form of order sought

Declare that, by failure to adopt the laws, regulations and administrative provisions necessary to implement Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC,¹ or by failing to notify the commission thereof, the Republic of Austria has failed to fulfil its obligations under that directive;

order Republic of Austria to pay the costs.

Pleas in law and main arguments

The period prescribed for implementation of the directive expired on the 15 September 2007. At the time the present action was lodged, the defendant had not yet adopted the necessary measures for the implementation of this directive, or had in any case not notified the Commission thereof.

____________

¹ - OJ L 105 of 13.4.2006, p. 54.