Judgment — ECLI:EU:C:2003:312
Date: 2003-05-22
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: Luxembourg

Summary of the Judgment 
Social policy — Protection of workers' safety and health — Directive 89/391 on the 
introduction of measures to encourage improvements in the safety and health of workers 
at work — Organisation of activities related to protection against and prevention of 
occupational risks — Obligation of Member States to define the aptitudes required of 
workers designated for that purpose 
(Council Directive 89/391, Art. 7(8» 
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SUMMARY — CASE C-335/02 
The transposition of Article 7(8) of Direc­
tive 89/391 on the introduction of measures 
to encourage improvements in the safety 
and health of workers at work entails the 
adoption by the Member States of laws or 
regulations which comply with the require­
ments of that directive and which are 
brought to the attention of the undertak­
ings concerned by appropriate means, so as 
to enable them to be aware of their 
obligations in the matter and the competent 
national authorities to check that those 
measures are complied with. 
A Member State fails to fulfil its obligations 
under that directive where it fails to define 
the necessary capabilities and aptitudes for 
persons designated to carry out activities 
related to protection against and preven­
tion of occupational risks. 
(see paras 4, 7, operative part) 
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