Judgment of the Court (Fifth Chamber) of 22 May 2003 in Case C-441/01: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Directive 89/391/EEC — Measures to encourage improvements in the safety and health of workers at work — Article 7(3))
Date: 2003-07-19
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, occupational health, occupational safety

19.7.2003

EN

Official Journal of the European Union

C 171/7

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 22 May 2003

(Fifth Chamber)

of 22 May 2003

in Case C-393/01: French Republic v Commission of the
European Communities (1)

in Case C-441/01: Commission of the European Communi-
ties v Kingdom of the Netherlands (1)

(Agriculture — Animal health — Emergency measures to
combat bovine spongiform encephalopathy — ‘Mad cow’
disease — Decision to lift the ban on bovine products
originating in Portugal)

(Failure of a Member State to fulfil obligations — Directive
89/391/EEC — Measures to encourage improvements in the
safety and health of workers at work — Article 7(3))

(2003/C 171/08)

(Language of the case: French)

(2003/C 171/09)

(Language of the case: Dutch)

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

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

In Case C-393/01, French Republic (Agents: R. Abraham and
G. de Bergues and R. Loosli-Surrans, the by the latter and G. de
Bergues and F. Alabrune) v Commission of the European
Communities (Agents: D. Booß and G. Berscheid), supported
by Portuguese Republic (Agent: L. Fernandes), United Kingdom
of Great Britain and Northern Ireland (Agent:J. E. Collins):
Application for annulment of Commission Decision 2001/
577/EC of 25 July 2001 setting the date on which dispatch
from Portugal of bovine products under the Date-Based Export
Scheme may commence by virtue of Article 22(2) of Decision
2001/376/EC (OJ 2001 L 203, p. 27),
(Fifth
Chamber), composed of: M. Wathelet, President of the Chamb-
er, C. W. A. Timmermans, A. La Pergola, S. von Bahr and
A. Rosas (Rapporteur), Judges; J. Mischo, Advocate General;
L. Hewlett, Principal Administrator, for the Registrar, has given
a judgment on 22 May 2003, in which it:

the Court

1. Annuls Commission Decision 2001/577/EC of 25 July 2001
setting the date on which dispatch from Portugal of bovine
products under the Date-Based Export Scheme may commence
by virtue of Article 22(2) of Decision 2001/376/EC;

2. Orders the Commission to pay the costs;

In Case C-441/01, Commission of the European Communities
(Agents: H. van Vliet and H. Kreppel
) v Kingdom of
the Netherlands (Agent: H. G. Sevenster): Application for a
declaration that, by authorising employers to choose freely
whether to make use of internal or external health and safety
services, the Kingdom of the Netherlands has failed to fulfil its
obligations under the EC Treaty and Article 7(3) 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: C. W. A. Timmermans, President of
the Fourth Chamber, acting for the President of the Fifth
Chamber, A. La Pergola, P. Jann, S. von Bahr and A. Rosas
(Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate Gen-
eral; M.-F. Contet, Principal Administrator, for the Registrar,
has given a judgment on 22 May 2003, in which it:

1. Declares that, by not reflecting, in its national legislation the
subsidiary nature of the enlistment by undertakings of external
competent services to carry out activities related to protection
against and prevention of occupational risks within those
undertakings, the Kingdom of the Netherlands has failed to
fulfil its obligations under Article 7(3) 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.

3. Orders the Portuguese Republic and the United Kingdom of
Great Britain and Northern Ireland to bear their own costs.

2. Orders the Kingdom of the Netherlands to pay the costs.

( 1) OJ C 348 of 8.12.2001.

(1) OJ C 31 of 2.2.2002.