(Case C-459/04
Tribunal de Justicia de la Unión Europea

(Case C-459/04

Fecha: 15-Jun-2006





Judgment of the Court (Third Chamber) of 15 June 2006 – Commission v Sweden

(Case C-459/04)

Failure of a Member State to fulfil obligations – Social policy – Protection of the safety and health of workers – Directive 89/391/EEC – Capabilities and aptitudes of persons designated to carry out activities related to protection against and prevention of occupational hazards in undertakings

1.Acts of the institutions – Directives – Implementation by the Member States (Art. 249, third para., EC) (see paras 32-34)

2.Social Policy – Protection of the safety and health of workers – Directive 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work (Council Directive 89/391, Art. 7(5) and (8)) (see paras 36-47)

Re:

Failure of a Member State to fulfil obligations – Incomplete transposition of Article 7(8) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ 1989 L 183, p. 1) – Definitions of capabilities and aptitudes of workers designated by the employer to carry out activities related to protection against and prevention of occupational hazards in undertakings.

Operative part:

The Court:

1.

Dismisses the action;

2.

Orders the Commission of the European Communities and the Kingdom of Sweden to pay their own costs.

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