CELEX: E2010P0002
Language: en
Date: 2010-03-26 00:00:00
Title: Request for an Advisory Opinion from the EFTA Court by Héraðsdómur Reykjavíkur dated 26 March 2010 in the case of Þór Kolbeinsson v the Icelandic State (Case E-2/10)

2.12.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 325/21
            
         Request for an Advisory Opinion from the EFTA Court by Héraðsdómur Reykjavíkur dated 26 March 2010 in the case of Þór Kolbeinsson v the Icelandic State
   (Case E-2/10)
   2010/C 325/05
   A request has been made to the EFTA Court by a letter of 26 March 2010 from Héraðsdómur Reykjavíkur (Reykjavík District Court), which was received at the Court Registry on 6 April 2010, for an Advisory Opinion in the case of Þór Kolbeinsson v the Icelandic State, on the following questions:
   
               1.
            
            
               Is it compatible with the provisions 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 and 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) that a worker, due to his own contributory negligence, is held liable for losses suffered as a result of an accident at work, when it has been established that the employer has not on his own initiative complied with rules regarding safety and conditions in the work place?
            
         
               2.
            
            
               If the answer to the above question is in the negative, is the Icelandic State then liable to award damages to a worker who suffered an accident at work and had to, contrary to the aforementioned directives, partly or wholly bear the losses suffered, due to his own contributory negligence, on the grounds that the State had not correctly implemented these directives into Icelandic law?