Judgment — ECLI:EU:C:2006:404
Date: 2006-06-15
Language of the case: Swedish
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Concepts: General;Protection of the health and safety of workers
Procedure: Action for failure to fulfil obligations - unfounded
Origin: Sweden

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.