Judgment — ECLI:EU:C:2008:444
Date: 2008-07-25
Language of the case: Italian
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Concepts: General;Defences;Protection of the health and safety of workers
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Judgment of the Court (First Chamber) of 25 July 2008 – Commission v Italy (Case C‑504/06) Failure of a Member State to fulfil obligations – Directive 92/57/EEC –Implementation of minimum safety and health requirements at temporary or mobile construction sites – Article 3(1) – Incorrect transposition 1. Actions for failure to fulfil obligations – Examination of the 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 paras 24-25) 2. Social policy – Protection of the safety and health of workers – Directive 92/57 on the implementation of minimum safety and health requirements at temporary or mobile construction sites (Council Directive 92/57, Art. 3(1)) (see paras 35-36) 3. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 38) Re: Failure of a Member State to fulfil obligations – Incorrect transposition of Article 3(1) of Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites (Eighth Individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ 1992 L 245, p. 6) – Appointment of health and safety coordinators for a construction site where a number of undertakings are operating. Operative part The Court: 1. Declares that, by failing correctly to transpose in Italian law Article 3(1) of Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites (Eighth Individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC), the Italian Republic has failed to fulfil its obligations under that directive; 2. Orders each party to bear its own costs.