CELEX: 62002CJ0335
Language: en
Date: 2003-05-22 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 22 May 2003. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Incomplete transposition of Directive 89/391/EEC - Safety and health of workers. # Case C-335/02.

Case C-335/02 Commission of the European CommunitiesvGrand Duchy of Luxembourg
            «(Failure of a Member State to fulfil obligations – Incomplete transposition of Directive 89/391/EEC – Safety and health of workers)»
            
               
                  Judgment of the Court (Fourth Chamber), 22 May 2003  
                     
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            Summary of the Judgment
         
         
                  
                  Social policy – Protection of workers' safety and health – Directive 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work – Organisation of activities related to protection against and prevention of occupational risks – Obligation of Member States to define the aptitudes required of workers designated for that purpose(Council Directive 89/391, Art. 7(8))The transposition of Article 7(8) of Directive 89/391 on the introduction of measures to encourage improvements in the safety
         and health of workers at work entails the adoption by the Member States of laws or regulations which comply with the requirements
         of that directive and which are brought to the attention of the undertakings concerned by appropriate means, so as to enable
         them to be aware of their obligations in the matter and the competent national authorities to check that those measures are
         complied with. A Member State fails to fulfil its obligations under that directive where it fails to define the necessary capabilities and
         aptitudes for persons designated to carry out activities related to protection against and prevention of occupational risks.see paras 4, 7, operative part
      

      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
            
            JUDGMENT OF THE COURT (Fourth Chamber)22 May 2003  (1)
         
         
            
         
               ((Failure of a Member State to fulfil obligations – Incomplete transposition of Directive 89/391/EEC – Safety and health of workers))
               
            In Case C-335/02, 
            
            
             Commission of the European Communities,   represented by H. Kreppel and D. Martin, acting as Agents, with an address for service in Luxembourg,
            
            
            applicant, 
            
            v
             Grand Duchy of Luxembourg , represented by S. Schreiner, acting as Agent,
            
            defendant, 
            
            APPLICATION for a declaration that, by failing to define the necessary capabilities and aptitudes for persons designated to
            carry out activities related to protection against and prevention of occupational risks, the Grand Duchy of Luxembourg has
            failed to fulfil its obligations under Articles 10 EC and 249 EC and 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),
            
            
            THE COURT (Fourth Chamber),,
            
            composed of: C.W.A. Timmermans, President of the Chamber, D.A.O. Edward and S. von Bahr (Rapporteur), Judges, 
            
            Advocate General: C. Stix-Hackl, Registrar: R. Grass, 
            
            
            having regard to the report of the Judge-Rapporteur,
            
            having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,
         gives the following
         
         
         Judgment
         1
            
         By application lodged at the Court Registry on 20 September 2002, the Commission of the European Communities brought an action
         under Article 226 EC for a declaration that, by failing to define the necessary capabilities and aptitudes for persons designated
         to carry out activities related to protection against and prevention of occupational risks, the Grand Duchy of Luxembourg
         has failed to fulfil its obligations under Articles 10 EC and 249 EC and 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), 
         
         
         2
            
         Article 7 of Directive 89/391, entitled  
         Protective and preventive services, provides, in paragraph 8, that the Member States are to define the capabilities and aptitudes which the workers and the
         external persons or services designated to carry out activities related to protection against and prevention of occupational
         risks in the undertaking and/or establishment must have. 
         
         
         3
            
         Taking the view that some provisions of Directive 89/391, in particular Article 7(8), had not been fully transposed by the
         Grand Duchy of Luxembourg, the Commission initiated an infringement procedure. On 18 October 1999, after having given the
         Member State formal notice to submit its observations, the Commission issued a reasoned opinion calling on that State to take
         the measures necessary to comply with the reasoned opinion within two months of its notification. Having received no information
         to the effect that the transposition of Article 7(8) of that directive had been completed, the Commission brought the present
         action. 
         
         
         4
            
         The transposition of Article 7(8) of Directive 89/391 entails the adoption by the Member States of laws or regulations which
         comply with the requirements of that directive and which are brought to the attention of the undertakings concerned by appropriate
         means, so as to enable them to be aware of their obligations in the matter and the competent national authorities to check
         that those measures are complied with (Case C-49/00  
          Commission  v  
          Italy  [2001] ECR I-8575, paragraph 36). 
         
         
         5
            
         The Grand Duchy of Luxembourg does not deny its failure to adopt the provisions necessary for the transposition of Article
         7(8) of Directive 89/391. 
         
         
         6
            
         In those circumstances, the action brought by the Commission must be regarded as well founded. 
         
         
         7
            
         Accordingly, it must be held that, by failing to define the necessary capabilities and aptitudes for persons designated to
         carry out activities related to protection against and prevention of occupational risks, the Grand Duchy of Luxembourg has
         failed to fulfil its obligations under Article 7(8) of Directive 89/391 
         
         Costs
         8
            
         Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been
         applied for in the successful party's pleadings. Since the Commission has applied for costs to be awarded against the Grand
         Duchy of Luxembourg and the latter has been unsuccessful, the Grand Duchy of Luxembourg must be ordered to pay the costs.
         
         
         On those grounds, 
         
         
         
            
            THE COURT (Fourth Chamber)
         
         
         hereby: 
         
            
            1.
             Declares that, by failing to define the necessary capabilities and aptitudes for persons designated to carry out activities
            related to protection against and prevention of occupational risks, the Grand Duchy of Luxembourg has failed to fulfil its
            obligations under 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.
            
            
            2.
               Orders the Grand Duchy of Luxembourg to pay the costs.  
            
            
                  Timmermans
               
               
                  Edward 
               
               
                  von Bahr 
               
            
                  
               
               
                  
               
               
                  
               
            
                  
               
               
                  
               
               
                  
               
            
                  
               
               
                  
               
               
                  
               
            
                  
               
               
                  
               
               
                  
               
            
            
            
            
            
            
            
            
         
         
         Delivered in open court in Luxembourg on 22 May 2003. 
         
         
         
         
                  R. Grass 
               
               
                  C.W.A. Timmermans  
               
            
         
         
         
                  Registrar
               
               
                  President of the Fourth Chamber
               
            
      
      
          1 –
            
             Language of the case: French.