CELEX: 62006CJ0504
Language: en
Date: 2008-07-25
Title: Judgment of the Court (First Chamber) of 25 July 2008. # Commission of the European Communities v Italian Republic. # Failure of a Member State to fulfil obligations - Directive 92/57/EEC -Implementation of minimum safety and health requirements at temporary or mobile construction sites - Article 3(1) - Incorrect transposition. # Case C-504/06.

Judgment of the Court (First Chamber) of 25 July 2008 – Commission v Italy
      (Case C‑504/06)
      Failure of a Member State to fulfil obligations – Directive 92/57/EEC –Implementation of minimum safety and health requirements at temporary or mobile construction sites – Article 3(1) – Incorrect transposition
      1.                     Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see paras 24-25)
      2.                     Social policy – Protection of the safety and health of  workers – Directive 92/57 on the implementation of minimum safety
            and health requirements at temporary or mobile construction sites (Council Directive 92/57, Art. 3(1)) (see paras 35-36)
      3.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 226 EC) (see para. 38)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Incorrect transposition of Article 3(1) of Council Directive 92/57/EEC of
                  24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites (Eighth
                  Individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ 1992 L 245, p. 6) – Appointment of health
                  and safety coordinators for a construction site where a number of undertakings are operating.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing correctly to transpose in Italian law Article 3(1) of Council Directive 92/57/EEC of 24 June 1992
                     on the implementation of minimum safety and health requirements at temporary or mobile construction sites (Eighth Individual
                     Directive within the meaning of Article 16(1) of Directive 89/391/EEC), the Italian Republic has failed to fulfil its obligations
                     under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders each party to bear its own costs.