Judgment of the Court (Fifth Chamber) of 15 November 2001 in Case C-49/00: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Incomplete transposition of Directive 89/391/EEC — Safety and health of workers)
Date: 2002-01-19
Institutions: Court of Justice
Subjects: European Commission, Italy, accident prevention, action for failure to fulfil an obligation, occupational health, occupational safety

C 17/6

EN

Official Journal of the European Communities

19.1.2002

JUDGMENT OF THE COURT

1. Declares that,

(Fifth Chamber)

of 15 November 2001

in Case C-49/00: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Incomplete transposition of Directive 89/391/EEC — Safety
and health of workers)

(2002/C 17/08)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

— by failing to require employers to evaluate all health and

safety risks in the work place;

— by allowing employers to decide whether or not to enlist
external
the adoption of protective and
preventive measures when the skills available within the
undertaking are insufficient, and

services

for

— by failing to define the capabilities and aptitudes which
the persons responsible for protective and preventive
measures against occupational risks to workers’ health
and safety must possess,

the Italian Republic has failed to fulfil its obligations under
Articles 6(3) (a) and 7(3), (5) and (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.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 135 of 13.5.2000.

In Case C-49/00: Commission of the European Communities
(Agents: E. Traversa and N. Yerrell) v Italian Republic (Agent:
U. Leanza, assisted by D. Del Gaizo) — application for a
declaration that:

— by failing to require employers to evaluate all health and

safety risks in the work place,

— by allowing employers to decide whether or not to enlist
external services for the adoption of protective and
preventive measures when the skills available within the
undertaking are insufficient, and

— by failing to define the capabilities and aptitudes which
the persons responsible for protective and preventive
measures against occupational risks to workers’ health
and safety must possess,

the Italian Republic has failed to fulfil its obligations under
Articles 6(3)(a) and 7(3),
(5) and (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) — the Court (Fifth Chamber),
composed of: S. von Bahr (Rapporteur), President of the Fourth
Chamber, acting for the President of the Fifth Chamber,
D.A.O. Edward, A. La Pergola, L. Sevo´ n and M. Wathelet,
Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar,
has given a judgment on 15 November 2001, in which it:

JUDGMENT OF THE COURT

(Sixth Chamber)

of 22 November 2001

in Case C-53/00 (reference for a preliminary ruling from
the Tribunal des affaires de sécurité sociale de Créteil):
Ferring SA v Agence centrale des organismes de sécurité
sociale (ACOSS) (1)

(State aid — Tax benefit granted to certain undertakings —
Wholesale distributors)

(2002/C 17/09)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-53/00: reference to the Court under Article 234 EC
from the Tribunal des affaires de sécurité sociale de Créteil
(France) for a preliminary ruling in the proceedings pending
before that court between Ferring SA and Agence centrale des
organismes de sécurité sociale (ACOSS) — on the interpret-
ation of Article 59 of the EC Treaty (now, after amendment,
Article 49 EC), Article 90(2) of the EC Treaty (now Article 86(2)
EC) and Article 92 of the EC Treaty (now, after amendment,