CELEX: C2002/017/08
Language: en
Date: 2002-01-19 00:00:00
Title: 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)

C 17/6                  EN                      Official Journal of the European Communities                                          19.1.2002
                 JUDGMENT OF THE COURT                                     1.    Declares that,
                                                                                 —     by failing to require employers to evaluate all health and
                          (Fifth Chamber)                                              safety risks in the work place;
                                                                                 —     by allowing employers to decide whether or not to enlist
                      of 15 November 2001                                              external services for the adoption of protective and
                                                                                       preventive measures when the skills available within the
                                                                                       undertaking are insufficient, and
in Case C-49/00: Commission of the European Communi-
                                                                                 —     by failing to define the capabilities and aptitudes which
                     ties v Italian Republic (1)
                                                                                       the persons responsible for protective and preventive
                                                                                       measures against occupational risks to workers’ health
                                                                                       and safety must possess,
(Failure by a Member State to fulfil its obligations —
Incomplete transposition of Directive 89/391/EEC — Safety                        the Italian Republic has failed to fulfil its obligations under
                       and health of workers)                                    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
                           (2002/C 17/08)                                        at work.
                                                                           2.    Orders the Italian Republic to pay the costs.
                    (Language of the case: Italian)
                                                                           (1) OJ C 135 of 13.5.2000.
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
                                                                                             JUDGMENT OF THE COURT
In Case C-49/00: Commission of the European Communities
(Agents: E. Traversa and N. Yerrell) v Italian Republic (Agent:                                       (Sixth Chamber)
U. Leanza, assisted by D. Del Gaizo) — application for a
declaration that:
                                                                                                  of 22 November 2001
—     by failing to require employers to evaluate all health and           in Case C-53/00 (reference for a preliminary ruling from
      safety risks in the work place,                                      the Tribunal des affaires de sécurité sociale de Créteil):
                                                                           Ferring SA v Agence centrale des organismes de sécurité
                                                                                                     sociale (ACOSS) (1)
—     by allowing employers to decide whether or not to enlist
      external services for the adoption of protective and                 (State aid — Tax benefit granted to certain undertakings —
      preventive measures when the skills available within the                                    Wholesale distributors)
      undertaking are insufficient, and
                                                                                                       (2002/C 17/09)
—     by failing to define the capabilities and aptitudes which
      the persons responsible for protective and preventive                                     (Language of the case: French)
      measures against occupational risks to workers’ health
      and safety must possess,                                             (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
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                 In Case C-53/00: reference to the Court under Article 234 EC
to encourage improvements in the safety and health of workers              from the Tribunal des affaires de sécurité sociale de Créteil
at work (OJ 1989 L 183, p. 1) — the Court (Fifth Chamber),                 (France) for a preliminary ruling in the proceedings pending
composed of: S. von Bahr (Rapporteur), President of the Fourth             before that court between Ferring SA and Agence centrale des
Chamber, acting for the President of the Fifth Chamber,                    organismes de sécurité sociale (ACOSS) — on the interpret-
D.A.O. Edward, A. La Pergola, L. Sevón and M. Wathelet,                   ation of Article 59 of the EC Treaty (now, after amendment,
Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar,              Article 49 EC), Article 90(2) of the EC Treaty (now Article 86(2)
has given a judgment on 15 November 2001, in which it:                     EC) and Article 92 of the EC Treaty (now, after amendment,