CELEX: 62004CJ0132
Language: en
Date: 2006-01-12
Title: Judgment of the Court (Second Chamber) of 12 January 2006.#Commission of the European Communities v Kingdom of Spain.#Failure of a Member State to fulfil obligations - Social policy - Protection of the safety and health of workers - Directive 89/391/EEC - Scope - Non-civilian personnel in public authorities - Armed forces and police - Included.#Case C-132/04.

Judgment of the Court (Second Chamber) of 12 January 2006 – Commission v Spain
      (Case C-132/04)
      Failure of a Member State to fulfil obligations – Social policy – Protection of the safety and health of workers – Directive 89/391/EEC – Scope – Non-civilian personnel in public authorities – Armed forces and police – Included
      1.                     Social policy – Protection of the safety and health of workers – Directive 89/391 on the introduction of measures to encourage
            improvements in the safety and health of workers at work (Council Directive 89/391, Arts 2(1), (2) and 4 (see paras 22, 26,
            40)
      2.                     Acts of the institutions – Directives – Implementation by Member States (Art. 249, third para., EC) (see para. 35)
      3.                     Action for failure to fulfil obligations – Examination of 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 para. 37)
      Re:
      
         
               Failure of a Member State to fulfil obligations – Incomplete transposition of Article 2(1) and (2) and Article 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) – Non-civilian personnel in public authorities – Scope of Directive 89/391
               
            Operative part:
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Declares that, by failing to transpose in their entirety into its national legislation Article 2(1) and (2) and Article 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, as regards non-civilian personnel in public authorities, the Kingdom of Spain has failed to fulfil
                     its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  Orders the Kingdom of Spain to pay the costs.