Case C-226/06: Judgment of the Court (First Chamber) of 5 June 2008 — Commission of the European Communities v French Republic (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 — Articles 2, 10(1) and 12(3) and (4) — Defective transposition)
Date: 2008-06-05
Institutions: Court of Justice
Subjects: European Commission, France, accident prevention, action for failure to fulfil an obligation, humanisation of work, national implementing measure, occupational health, occupational safety

C 183/2

EN

Official Journal of the European Union

19.7.2008

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (First Chamber) of 5 June 2008 —
the European Communities v French
Commission of

2. Orders the French Republic to pay the costs.

Republic

(Case C-226/06) (1)

(1) OJ C 165, 15.7.2006.

(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 — Articles 2, 10(1)
and 12(3) and (4) — Defective transposition)

(2008/C 183/02)

Language of the case: French

Parties

Judgment of the Court (Grand Chamber) of 3 June 2008
(reference for a preliminary ruling from the High Court of
Justice of England and Wales, Queen's Bench Division
(Administrative Court)) — The Queen on the application of
International Association of Independent Tanker Owners
International Association of Dry Cargo
(Intertanko),
(Intercargo), Greek Shipping Co-operation
Shipowners
Committee, Lloyd's Register, International Salvage Union v
Secretary of State for Transport

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and I. Kaufmann-Bühler, acting as Agents)

(Case C-308/06) (1)

Defendant: French Republic (represented by: G. de Bergues and
C. Bergeot-Nunes, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, all the provisions necessary
to comply with Articles 2, 10(1), and 12(3) and (4) 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)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the period prescribed,
all
the provisions necessary to comply with Articles 2, 10(1),
and 12(3) and (4) 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, the French Republic
has failed to fulfil its obligations under that directive;

(Maritime transport — Ship-source pollution — Directive
2005/35/EC — Validity — United Nations Convention on the
Law of the Sea — Marpol 73/78 Convention — Legal effects
of the Conventions — Ability to rely on them — Serious
negligence — Principle of legal certainty)

(2008/C 183/03)

Language of the case: English

Referring court

High Court of Justice of England and Wales, Queen's Bench
Division (Administrative Court)

Parties to the main proceedings

Applicants: The Queen on the application of International Asso-
ciation of
Interna-
Independent Tanker Owners (Intertanko),
tional Association of Dry Cargo Shipowners (Intercargo), Greek
Interna-
Shipping Co-operation Committee, Lloyd's Register,
tional Salvage Union

Defendant: Secretary of State for Transport