CELEX: 62010CA0256
Language: en
Date: 2011-05-19 00:00:00
Title: Joined Cases C-256/10 and C-261/10: Judgment of the Court (Seventh Chamber) of 19 May 2011 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Castilla León (Spain)) — David Barcenilla Fernández (C-256/10), Pedro Antonio Macedo Lozano (C-261/10) v Gerardo García, S.L. (Directive 2003/10/EC — Exposure values — Noise — Hearing protection — Effectiveness)

9.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 204/11
            
         Judgment of the Court (Seventh Chamber) of 19 May 2011 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Castilla León (Spain)) — David Barcenilla Fernández (C-256/10), Pedro Antonio Macedo Lozano (C-261/10) v Gerardo García, S.L.
   (Joined Cases C-256/10 and C-261/10) (1)
   
   (Directive 2003/10/EC - Exposure values - Noise - Hearing protection - Effectiveness)
   2011/C 204/19
   Language of the case: Spanish
   
      Referring court
   
   Tribunal Superior de Justicia de Castilla León
   
      Parties to the main proceedings
   
   
      Applicants: David Barcenilla Fernández (C-256/10), Pedro Antonio Macedo Lozano (C-261/10)
   
      Defendant: Gerardo García, S.L.
   
      Re:
   
   References for a preliminary ruling — Tribunal Superior de Justicia de Castilla y León — Interpretation of Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ 2003 L 42, p. 38) — Exceeding noise exposure action values aimed at avoiding or reducing exposure — Effectiveness of the directive
   
      Operative part of the judgment
   
   
               1.
            
            
               Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC), as amended by Directive 2007/30/EC of the European Parliament and of the Council of 20 June 2007, must be interpreted as meaning that an employer in a company in which the workers’ daily noise exposure level is above 85 dB(A), measured without taking account of the effect of individual hearing protectors, fails to fulfil the obligations resulting from that Directive by simply providing the workers with such hearing protectors so that the daily noise exposure level is reduced to less than 80 dB(A), as that employer is obliged to implement a programme of technical or organisational measures intended to reduce such noise exposure to a level of less than 85 dB(A), measured without taking into account the effect of the individual hearing protectors.
            
         
               2.
            
            
               Directive 2003/10, as amended by Directive 2007/30, must be interpreted as meaning that it does not require an employer to make an extra payment to workers who are exposed to a noise level above 85 dB(A), measured without taking into account the effect of the individual hearing protectors on the sole ground that it has not implemented a programme of technical or organisational measures intended to reduce the daily noise exposure level. However, national law must provide appropriate mechanisms to ensure that a worker who is exposed to a noise level above 85 dB(A), measured without taking into account the effect of the individual hearing protectors, can require the employer to comply with the preventive obligations set out in Article 5(2) of that directive.
            
         
      (1)  OJ C 221, 14.8.2010.