Judgment of the Court (Fourth Chamber) of 23 February 2006 – Commission v Germany

(Case C‑43/05)

Failure of a Member State to fulfil obligations – Directive 2000/78/EC – Equal treatment in employment and occupation – Failure to transpose within the prescribed period

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. 9)

Re:

Operative part:

The Court:

1.Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, as far as concerns discrimination based on religion or belief, disability and sexual orientation, the Federal Republic of Germany has failed to fulfil its obligations under that directive;

2.Orders the Federal Republic of Germany to pay the costs.