CELEX: 62004CJ0459
Language: en
Date: 2006-06-15
Title: Judgment of the Court (Third Chamber) of 15 June 2006. # Commission of the European Communities v Kingdom of Sweden. # Failure of a Member State to fulfil obligations - Social policy - Protection of the safety and health of workers - Directive 89/391/EEC - Capabilities and aptitudes of persons designated to carry out activities related to protection against and prevention of occupational hazards in undertakings. # Case C-459/04.

Judgment of the Court (Third Chamber) of 15 June 2006 – Commission v Sweden
      (Case C-459/04)
      Failure of a Member State to fulfil obligations – Social policy – Protection of the safety and health of workers – Directive 89/391/EEC – Capabilities and aptitudes of persons designated to carry out activities related to protection against and prevention of
         occupational hazards in undertakings
      
      1.                     Acts of the institutions – Directives – Implementation by the Member States (Art. 249, third para., EC) (see paras 32-34)
      2.                     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, Art. 7(5) and (8)) (see paras 36-47)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Incomplete transposition of 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) – Definitions of capabilities and aptitudes of workers designated by the employer to carry out activities
                  related to protection against and prevention of occupational hazards in undertakings.
               
            Operative part: 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  Orders the Commission of the European Communities and the Kingdom of Sweden to pay their own costs.