CELEX: C1995/159/09
Language: en
Date: 1995-06-24 00:00:00
Title: ORDER OF THE COURT of 7 April 1995 in Case C-167/94 (reference for a preliminary ruling from the Juzgado de Instrucción de Sueca, Valencia (Spain)): criminal proceedings against Juan Carlos Grau Gomis and Others (Reference for a preliminary ruling - Lack of jurisdiction - Inadmissiblity)

24 . 6 . 95             EN                      Official Journal of the European Communities                                   No C 159/5
                  ORDER OF THE COURT                                        of the European Communities, represented by Blanca
                          of 7 April 1995                                   Rodriguez Galindo, of its Legal Service, acting as Agent,
                                                                            with an address for service in Luxembourg at the office of
in Case C- 1 6 7/94 ( reference for a preliminary ruling from               Georgios Kremlis, of the Legal Service, Wagner Centre,
the Juzgado de Instrucciôn de Sueca, Valencia ( Spain )):                   Kirchberg.
criminal proceedings against Juan Carlos Grau Gomis and
                               Others (*)
(Reference for a preliminaryruling — Lack ofjurisdiction —                  The applicant claims that the Court should :
                           Inadmissiblity)
                            ( 95/C 159/09 )
                                                                            1 . declare that, by failing to adopt the laws, regulations and
                                                                                administrative provisions needed to give effect to:
                (Language of the case: Spanisb)
                                                                                — Directive 89/391/EEC of 12 June 1989 on the
(Provisional translation; the definitive translation will be                        introduction        of   measures     to     encourage
          published in the European Court Reports)                                  improvements in the safety and health of workers at
                                                                                    work (*),
In Case C-167/94 : reference to the Court under Article 177
of the EEC Treaty from the Juzgado de Instrucciôn ( Local                       — Directive     89/654/EEC      of 30    November      1989
Criminal Court), Sueca, Valencia ( Spain ) for a preliminary                        concerning the minimum safety and health
ruling in the criminal proceedings pending before that court                        requirements for the workplace ( first individual
against Juan Carlos Grau Gomis and Others — on the                                  Directive within the meaning of Article 16 ( 1 ) of
interpretation of Articles 2, 3 ( a ), ( b ), ( f) and ( h ), 3a ( 1 ), 8b,         Directive 89/391 /EEC ) (2 ),
9 , 35 , 37 ( 1 ), 86 and 90 of the EC Treaty, on the
interpretation of Articles 2 , 9 , 35 and 51 of the Act
concerning the Conditions of Accession of the Kingdom of                        — Directive     89/655/EEC      of 30    November      1989
Spain and the Republic of Portugal and the Adjustments of                           concerning the minimum safety and health
the Treaties of 12 June 1985 ( 2 ) and on the interpretation of                     requirements for the use of work equipment by
Article B of the Treaty on European Union — the Court,                              workers at work ( second individual Directive within
composed of G. C. Rodriguez Iglesias, President, F. A.                              the meaning of Article 16 ( 1 ) of Directive
Schockweiler, P. J. G. Kapteyn, C. Gulmann and P. Jann                              89/391 /EEC ) ( 2 ),
( Presidents of Chambers ), G. F. Mancini, C. N. Kakouris,
J. C. Moitinho de Almeida, J. L. Murray, D. A. O. Edward,
J. -P. Puissochet ( Rapporteur ), G. Hirsch and H.                              — Directive 89/656/EEC of 30 November 1989 on the
Ragnemalm, Judges; G. Cosmas, Advocate-General; R.                                  minimum safety and health requirements for the use
Grass, Registrar, made an order on 7 April 1995 , the                               by workers of personal protective equipment at the
operative part of which is as follows :                                             workplace ( third individual Directive within the
                                                                                    meaning of Article 16 ( 1 ) of Directive
                                                                                    89/391 /EEC ) (2 ),
The Court has no jurisdiction to reply to a question on
Article B of the Treaty on European Union asked by the
Juzgado de Instrucciôn de Sueca, Valencia (Spain), in a                         — Directive 90/269/EEC of 29 May 1990 on the
request for a preliminary ruling made by order of 18 May                            minimum safety and health requirements for the
1 994. As to the remainder, the request from the Juzgado de                         manual handling of loads when there is a risk
Instrucciôn is inadmissible.                                                        particularly of back injury to workers ( fourth
                                                                                    individual Directive within the meaning of
                                                                                    Article 16 ( 1 ) of Directive 89/391 /EEC ) ( 3 ),
(') OJ No C 218 , 6 . 8 . 1994 .
( 2 ) OJ No L 302 , 15 . 11 . 1985 , p . 23 .
                                                                                — Directive 90/270/EEC of 29 May 1990 on the
                                                                                    minimum safety and health requirements for work
                                                                                    with display screen equipment ( fifth individual
                                                                                    Directive within the meaning of Article 16 ( 1 ) of
                                                                                    Directive 89/391 /EEC ) ( 3 ),
Action brought on 16 March 1995 by the Commission of
                                                                                — Directive 90/394/EEC of 28 June 1990 on the
the European Communities against the Kingdom of
                                                                                    protection of workers from the risks related to
                                 Spain
                                                                                    exposure to carcinogens at work ( sixth individual
                          ( Case C-79/95 )                                          Directive within the meaning of Article 16 ( 1 ) ' of
                            ( 95/C 159/10 )                                         Directive 89/391 /EEC ) (4 ),
An action against the Kingdom of Spain was brought before                       the Kingdom of Spain has failed to fulfil its obligations
the Court of Justice on 16 March 1 995 by the Commission                        under those Directives;