Failure of a Member State to fulfil obligations Non Social policy Directive 89/391/EEC Scope Protection of the safety and health of workers civilian personnel in public authorities Armed forces and police Included
Sumário
Judgment of the Court (Second Chamber) of 12 January 2006.
Commission of the European Communities v Kingdom of Spain.
Failure of a Member State to fulfil obligations - Social policy - Protection of the safety and health of workers - Directive 89/391/EEC - Scope - Non-civilian personnel in public authorities - Armed forces and police - Included.
Case C-132/04.
Texto da decisão
Judgment of the Court (Second Chamber) of 12 January 2006 – Commission v Spain
(Case C-132/04)
Failure of a Member State to fulfil obligations – Social policy – Protection of the safety and health of workers – Directive 89/391/EEC – Scope – Non-civilian personnel in public authorities – Armed forces and police – Included
1. 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, Arts 2(1), (2) and 4 (see paras 22, 26, 40)
2. Acts of the institutions – Directives – Implementation by Member States (Art. 249, third para., EC) (see para. 35)
3. Action 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. 37)
Re:
| Failure of a Member State to fulfil obligations – Incomplete transposition of Article 2(1) and (2) and Article 4 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) – Non-civilian personnel in public authorities – Scope of Directive 89/391 |
Operative part:
The Court:
|
1. |
Declares that, by failing to transpose in their entirety into its national legislation Article 2(1) and (2) and Article 4 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, as regards non-civilian personnel in public authorities, the Kingdom of Spain has failed to fulfil its obligations under that directive; |
|
2. |
Orders the Kingdom of Spain to pay the costs. |