Opinion of the Advocate General — ECLI:EU:C:2002:730
Date: 2002-12-05
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Action for failure to fulfil obligations - unfounded
Origin: Portugal

Summary of the Judgment 
Social policy — Protection of health and safety of workers — Directive 89/391 on the 
introduction of measures to encourage improvements in the safety and health of workers 
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SUMMARY — CASE C-425/01 
at work — Workers' representatives with specific responsibility for safety and health — 
National legislation on procedures for election or designation — Scope 
(Council Directive 89/391, Art. 3(c)) 
It is clear from Article 3(c) of Directive 
89/391 on the introduction of measures to 
encourage improvements in the safety and 
health of workers at work that the said 
directive does not oblige the Member States 
to provide for an election procedure for 
workers' representatives with specific 
responsibility for the safety and health of 
workers, but envisages other possibilities 
for choosing or designating such represen­
tatives. 
If a choice of the election procedure has 
been made by a Member State, Directive 
89/391 does not expressly require the 
national legislation to state all the detailed 
rules applying to that procedure. However, 
where a Member State provides that wor­
kers' representatives with such responsibil­
ity must be elected, it is for that Member 
State to ensure that workers can elect their 
representatives in accordance with national 
legislation and/or practices. 
(see paras 20-22 ) 
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