Judgment — ECLI:EU:C:2008:318
Date: 2008-06-05
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Concepts: Protection of the health and safety of workers
Procedure: Action for failure to fulfil obligations - successful
Origin: France

Judgment of the Court (First Chamber) of 5 June 2008 - Commission of the European Communities v French Republic (Case C-226/06) 1 (Failure of a Member State to fulfil obligations - Directive 89/391/EEC - Measures to encourage improvements in the safety and health of workers at work - Articles 2, 10(1) and 12(3) and (4) - Defective transposition) Language of the case: French Parties Applicant: Commission of the European Communities (represented by: G. Rozet and I. Kaufmann-Bühler, acting as Agents) Defendant: French Republic (represented by: G. de Bergues and C. Bergeot-Nunes, acting as Agents) Re: Failure of a Member State to fulfil obligations - Failure to adopt, within the prescribed period, all the provisions necessary to comply with Articles 2, 10(1), and 12(3) and (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) Operative part of the judgment The Court: 1. Declares that, by failing to adopt, within the period prescribed, all the provisions necessary to comply with Articles 2, 10(1), and 12(3) and (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, the French Republic has failed to fulfil its obligations under that directive; 2. Orders the French Republic to pay the costs. ____________ 1 - OJ C 165, 15.07.2006.