CELEX: C2003/135/30
Language: en
Date: 2003-06-07 00:00:00
Title: Case C-168/03: Action brought on 11 April 2003 by the Commission of the European Communities against the Kingdom of Spain

C 135/20               EN                         Official Journal of the European Union                                            7.6.2003
2003 by the Commission of the European Communities,                              27 August 1997, the Kingdom of Spain has failed to fulfil
represented by B. Stromsky, acting as Agent.                                     its obligations under Articles 10 and 249 EC and
                                                                                 Article 4(1)(b) of Council Directive 89/655/EEC ( 1) of
                                                                                 30 November 1989, amended by Directive 95/63/EC (2)
The applicant claims that the Court should:                                      of 5 December 1995 Council Directive 95/63/EC of
                                                                                 5 December 1995 amending Directive 89/655/EEC con-
—     Declare that, by reserving the term ‘gold’ to items stamped                cerning the minimum safety and health requirements for
      as being of a fineness of 750/000 parts of gold while                      the use of work equipment by workers at work.
      items stamped with a fineness of 375 or 585/000 parts
      of gold are to be termed ‘gold alloy’, the French Republic          2.     Order the Kingdom of Spain to pay the costs.
      has failed to fulfil its obligations under Article 28 EC of
      the EC Treaty
—     Order the French Republic to pay the costs.
                                                                          Pleas in law and main arguments
Pleas in law and main arguments
                                                                          Article 1(1) of the Disposición Transitoria Única of the royal
                                                                          decree grants a period of 12 months from the entry into force
The requirement at issue prohibits the marketing under the                thereof for any equipment already in use in undertakings to be
name of ‘gold’ of items containing 585 or 375 thousandths                 brought into conformity with the requirements set down in
parts of gold which may be termed such in their Member State              Annex I thereto (which corresponds to Annex I to the
of origin, thus rendering marketing of such items more                    directive). Since the royal decree entered into force on
difficult.                                                                27 August 1997, that period allowed Spanish businesses a
                                                                          transitional period which is much longer than that provided
                                                                          for in Article 4(1)(b) of the directive.
That prohibition cannot be justified by the requirements of
consumer protection and fair trading, since adequate labelling
is sufficient.
                                                                          Articles 1(2), (3) and (4) of the Disposición Transitoria Única
                                                                          provide that, when for specific objective reasons it is impossible
                                                                          in certain sectors for work equipment to be brought into
                                                                          conformity within the 12-month period, the employment
                                                                          authorities, upon the reasoned request of the most representa-
                                                                          tive associations of employers in the sector and after consulting
                                                                          the most representative unions in that sector, may exception-
                                                                          ally authorise a plan to bring work equipment into conformity
Action brought on 11 April 2003 by the Commission of
                                                                          with Annex I to the royal decree (which corresponds to
the European Communities against the Kingdom of Spain
                                                                          Annex I to the directive) of a duration not greater than
                                                                          five years having regard to the seriousness, importance and
                         (Case C-168/03)                                  significance of the objective circumstances relied on. Appli-
                                                                          cations for approval of such a plan were to be submitted, in
                                                                          accordance with that provision, within nine months from the
                         (2003/C 135/30)                                  entry into force of the royal decree (that is to say, by 27 June
                                                                          1998), and the competent employment authority was to take
                                                                          a decision thereon within the ensuing three months.
An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 11 April
2003 by the Commission of the European Communities,                       The Commission takes the view that that additional transitional
represented by Isabel Martínez del Peral, of it Legal Service,            period is incompatible with the requirements of Article 4(1)(b)
acting as Agent.                                                          of the directive and is entirely unjustified.
The applicant claims that the Court should:                               (1 ) Council Directive 89/655/EEC of 30 November 1989 concerning
                                                                               the minimum safety and health requirements for the use of work
1.    Declare that, by providing in Article 1 of the Disposición               equipment by workers at work (second individual Directive within
      Transitoria Única (single transitional provision) of Real                the meaning of Article 16 (1) of Directive 89/391/EEC — OJ
      Decreto (Royal Decree) No 1215/1997 of 18 July 1997,                     1989 L 393, p. 13.
      laying down minimum health and safety requirements                  (2 ) Council Directive — OJ 1995 L 335, p. 28.
      for the use of work equipment by workers, an additional
      adjustment period for work equipment already available
      to workers at the undertaking and/or plant prior to