CELEX: C1999/048/09
Language: en
Date: 1999-02-20 00:00:00
Title: JUDGMENT OF THE COURT of 17 December 1998 in Case C-2/97 (reference for a preliminary ruling from the Tribunale di Genova): Società Italiana Petroli SpA (IP) v. Borsana Srl (Social policy - Protection of safety and health of workers - Use of work equipment - Risks related to exposure to carcinogens - Directives 89/655/EEC and 90/394/EEC)

20.2.1999            EN                   Official Journal of the European Communities                                       C 48/5
              JUDGMENT OF THE COURT                                       of the assessment of risks is not contrary to that
                    of 17 December 1998                                   directive where it constitutes a more stringent measure
                                                                          for the protection of working conditions authorised by
in Case C-2/97 (reference for a preliminary ruling from                   Article 118(a)(3) of the EC Treaty and Directive
the Tribunale di Genova): SocietaÁ Italiana Petroli SpA (IP)              90/394/EEC.
                       v. Borsana Srl (1)
(Social policy Ð Protection of safety and health of                  2. Article 4 of Council Directive 89/655/EEC of
workers Ð Use of work equipment Ð Risks related to                        30 November 1989 concerning the minimum safety
exposure to carcinogens Ð Directives 89/655/EEC and                       and health requirements for the use of work
                         90/394/EEC)                                      equipment by workers at work (Second individual
                        (1999/C 48/09)                                    Directive within the meaning of Article 16(1) of
                                                                          Directive 89/391/EEC) does not preclude a Member
                                                                          State from setting a time-limit for adapting existing
               (Language of the case: Italian)                            working equipment that expires before 31 December
                                                                          1996, provided that the time-limit is not so short that
                                                                          it does not enable employers to effect such adaptation
 (Provisional translation; the definitive translation will be             or entail a cost that is clearly excessive as compared
         published in the European Court Reports)                         with what they would have had to meet if the
                                                                          time-limit had been longer.
In Case C-2/97: reference to the Court under Article 177             (1) OJ C 94, 22.3.1997.
of the EC Treaty from the Tribunale di Genova for a
preliminary ruling in the proceedings pending before that
court between SocietaÁ Italiana Petroli SpA (IP) and
Borsana Srl Ð on the interpretation of Article 4 of
Council Directive 89/655/EEC of 30 November 1989
concerning the minimum safety and health requirements
for the use of work equipment by workers at work                                    JUDGMENT OF THE COURT
(Second individual Directive within the meaning of
Article 16(1) of Directive 89/391/EEC) (OJ L 393,                                            (Fifth Chamber)
30.12.1989, p. 13) and Articles 3, 4 and 5 of Council
                                                                                         of 17 December 1998
Directive 90/394/EEC of 28 June 1990 on the protection
of workers from the risks related to exposure to                     in Case C-153/97 (reference for a preliminary ruling from
carcinogens at work (Sixth individual Directive within the           the Tribunal Supremo): Aristóteles Grajera Rodríguez v.
meaning of Article 16(1) of Directive 89/391/EEC) (OJ                Instituto Nacional de la Seguridad Social (INSS), and
L 196, 26.7.1990, p. 1) Ð the Court, composed of: G. C.                   Tesorería General de la Seguridad Social (TGSS) (1)
Rodríguez, President, P. J. G. Kapteyn, J.-P. Puissochet, G.
Hirsch and P. Jann, Presidents of Chambers, G. F.                    (Social security Ð Old-age pensions Ð Calculation of
Mancini, J. C. Moitinho de Almeida (Rapporteur), D. A. O.            benefits Ð Heading D, paragraph 4, of Annex VI to
Edward, H. Ragnemalm, R. Schintgen and K. M.                                         Regulation (EEC) No 1408/71)
Ioannou, Judges; J. Mischo, Advocate-General; L.                                              (1999/C 48/10)
Hewlett, Administrator, for the Registrar, has given a
judgment on 17 December 1998, in which it has ruled:
                                                                                    (Language of the case: Spanish)
1. Article 4 of Council Directive 90/394/EEC of 28 June
    1990 on the protection of workers from the risks
    related to exposure to carcinogens at work (Sixth                  (Provisional translation; the definitive translation will be
    individual Directive within the meaning of                                 published in the European Court Reports)
    Article 16(1) of Directive 89/391/EEC) must be
    interpreted to the effect that the employer's obligation
    to reduce or replace a carcinogen is not contingent on           In Case C-153/97: reference to the Court under Article 177
    the outcome of the assessment of risks referred to in            of the EC Treaty from the Tribunal Supremo (Supreme
    Article 3 of that directive.                                     Court) (Spain) for a preliminary ruling in the proceedings
                                                                     pending before that court between Aristóteles Grajera
                                                                     Rodríguez and Instituto Nacional de la Seguridad Social
    Article 5 of Directive 90/394/EEC must be interpreted            (INSS), and Tesorería General de la Seguridad Social
    to the effect that the employer's obligation to avoid or         (TGSS) Ð on the validity of heading D, paragraph 4, of
    reduce exposure to a carcinogen is contingent on the             Annex VI to Council Regulation (EEC) No 1408/71 of
    outcome of the assessment of risks referred to in                14 June 1971 on the application of social security schemes
    Article 3 of that directive.                                     to employed persons, to self-employed persons and to
                                                                     members of their families moving within the Community,
                                                                     as amended and updated by Regulation (EEC) No 2001/83
    A national provision which requires the employer to              (OJ L 230, 22.8.1984, p. 6), as adapted by part VIII of
    reduce workers' exposure to a carcinogen irrespective            Annex I to the Act concerning the conditions of accession