Case C-459/04: Judgment of the Court (Third Chamber) of 15 June 2006 — Commission of the European Communities v Kingdom of Sweden (Failure of a Member State to fulfil obligations — Social policy — Protection of the safety and health of workers — Directive 89/391/EEC — Capabilities and aptitudes of persons designated to carry out activities related to protection against and prevention of occupational hazards in undertakings)
Date: 2006-08-12
Institutions: Court of Justice
Subjects: European Commission, Sweden, accident prevention, action for failure to fulfil an obligation, occupational health, occupational safety

C 190/4

EN

Official Journal of the European Union

12.8.2006

accounts of customs duties which were not collected due to an omis-
sion on the part of an importer acting in good faith to declare royal-
ties which should have been incorporated in the customs value of the
imported goods.

Judgment of the Court (First Chamber) of 15 June 2006
(reference for a preliminary ruling from the Tribunal
Superior de Justicia de Cantabria, Santander (Spain)) —
Servicio Cántabro de Salud v Servicio Cántabro de Salud

(Case C-466/04) (1)

(1) OJ C 284, 20.11.2004.

security — Hospital

incurred in another
(Social
Member State — Travel, accommodation and subsistence
costs — Article 22 of Regulation (EEC) No 1408/71)

costs

Judgment of the Court (Third Chamber) of 15 June 2006
— Commission of the European Communities v Kingdom
of Sweden

(Case C-459/04) (1)

(Failure of a Member State to fulfil obligations — Social
policy — Protection of the safety and health of workers —
Directive 89/391/EEC — Capabilities and aptitudes of
persons designated to carry out activities related to protection
against and prevention of occupational hazards in undertak-
ings)

(2006/C 190/07)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Cantabria, Santander

Parties to the main proceedings

Appellant: Manuel Acereda Herrera

Respondent: Servicio Cántabro de Salud

(2006/C 190/06)

Language of the case: Swedish

Re:

Parties

Applicant: Commission of the European Communities (repre-
sented by: H. Kreppel, J. Enegren and V. Kreuschitz, Agents)

Defendant: Kingdom of Sweden (represented by: A. Kruse and
K. Wistrand, Agents)

Re:

Failure of a Member State to fulfil obligations — Incomplete
transposition of Article 7(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) — Definitions of capabilities and aptitudes
of workers designated by the employer to carry out activities
related to protection against and prevention of occupational
hazards in undertakings

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Commission of the European Communities and the

Kingdom of Sweden to pay their own costs.

(1) OJ C 45, 19.02.2005.

Reference for a preliminary ruling — Tribunal Superior de
Justicia de Cantabria, Santander — Interpretation of Article
22(1)(c) and (2) and Article 36 of Council Regulation (EEC) No
1408/71 on the application of social security schemes to
employed persons, to self-employed persons and to members
of their families moving within the Community, as amended
and updated by Council Regulation (EC) No 118/97 of 2
December 1996 (OJ 1997 L 28, p.1) — Reimbursement of
expenses for travel, stay and subsistence by the institution
which granted authorisation for treatment abroad — Articles
10 EC and 249 EC — Compatibility with Community law of
national
to those
legislation recognising rights additional
conferred by Article 27 of Regulation No 1408/71, as amended
— Freedom to provide services — Discrimination based on
nationality — Compatibility of national legislation with Articles
81 EC, 82 EC and 87 EC

Operative part of the judgment

The Court:

1. Article 22(1)(c) and (2) and Article 36 of Council Regulation
(EEC) No 1408/71 of 14 June 1971 on the application of social
to self-employed persons
security schemes to employed persons,
and to members of their families moving within the Community,
as amended and updated by Council Regulation (EC) No 118/97
of 2 December 1996, must be interpreted as meaning that
authorisation by the competent institution for an insured person to
go to another Member State in order there to receive hospital
treatment appropriate to his medical condition does not confer on
such a person the right to be reimbursed by the competent institu-
tion for the costs of travel, accommodation and subsistence which
that person and any person accompanying him incurred in the
territory of that latter Member State, with the exception of the
costs of accommodation and meals in hospital
for the insured
person himself.