Acórdão do Tribunal de Justiça da União Europeia
Processo C-459/04

N.º do Acórdão
62004CJ0459
Data
15/06/2006

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


Sumário

Judgment of the Court (Third Chamber) of 15 June 2006.
Commission of the European Communities v Kingdom of Sweden.
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.
Case C-459/04.


Texto da decisão





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.