CELEX: C2007/042/19
Language: en
Date: 2007-02-24 00:00:00
Title: Case C-504/06: Action brought on 13 December 2006 — Commission of the European Communities v Italian Republic

24.2.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 42/11
            
         Action brought on 13 December 2006 — Commission of the European Communities v Italian Republic
   (Case C-504/06)
   (2007/C 42/19)
   Language of the case: Italian
   Parties
   
      Applicant: Commission of the European Communities (represented by: L. Pignataro-Nolin and I. Kaufmann-Bühler, Agents)
   
      Defendant: Italian Republic
   Forms of order sought
   
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               declare that, by having failed to transpose correctly in Italian law Article 3(1) of Council Directive 92/57/EEC (1) 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 (2)), the Italian Republic has failed to fulfil its obligations under that directive;
            
         
               —
            
            
               order the Italian Republic to pay the costs.
            
         Pleas in law and main arguments
   Under Italian law, constructions sites which correspond to less than 200 man-days and which do not involve work coming within the scope of Annex II to the Directive are covered solely by the coordination provisions contained in Article 7 of Decree No 626/1994. That article, however, imposes only a general obligation of cooperation and coordination on employers which, within the company or producer unit, assign work to contracting undertakings or to self-employed persons. Accordingly, it is not possible to conclude that the precise and detailed provisions of Directive 92/57/EEC relating to the coordination required during the drafting and execution phases of a project can be regarded as being implemented by the article of the Decree in question.
   
      (1)  OJ 1992 L 245, p. 6.
   
      (2)  OJ 1989 L 183, p. 1.