CELEX: C1996/354/16
Language: en
Date: 1996-11-23 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 26 September 1996 in Case C-79/95: Commission of the European Communities v. Kingdom of Spain (Failure to fulfil obligations - Failure to transpose a directive)

23.11.96            I EN                    Official Journal of the European Communities                                   No C 354/9
              JUDGMENT OF THE COURT                                    and H. Ragnemalm, Judges; A. La Pergola, Advocate­
                        ( Sixth Chamber )                              General; R. Grass, Registrar, has given a judgment on
                                                                       26 September 1996 in which it:
                     of 26 September 1996
in Case C-79/95 : Commission of the European
                                                                       1 . declares that, by failing to adopt the laws, regulations
            Communities v. Kingdom of Spain (')
                                                                            and administrative provisions necessary to comply with
(Failure to fulfil obligations — Failure to transpose a                     Council Directive 89/654/EEC of 30 November 1989
                              directive)                                    concerning the minimum safety and health requirements
                           ( 96/C 354/ 16 )                                 for the workplace, Council Directive 89/6S5/EEC of
                                                                            30 November 1 989 concerning the minimum safety and
                                                                            health requirements for the use of work equipment by
               (Language of the case: Spanish)                              workers at work, Council Directive 89/65 6/EEC of
                                                                            30 November 1989 on the minimum health and safety
                                                                            requirements for the use by workers of personal
(Provisional translation; the definitive translation will be                protective equipment at the workplace, Council
         published in the European Court Reports)                           Directive 90/269/EEC of 29 May 1 990 on the minimum
                                                                            health and safety requirements for the manual handling
In Case C-79/95 : Commission of the European                                of loads where there is a risk particularly of back injury
Communities ( Agent: Blanca Rodriguez Galindo ) v.                          to workers, Council Directive 90/270/EEC of 29 May
Kingdom of Spain ( Agents : Alberto Jose Navarro Gonzalez                   1 990 on the minimum safety and health requirements
and Gloria Calvo Diaz ) — application for a declaration that,               for work with display screen equipment and Council
by failing to adopt the laws, regulations and administrative                Directive 90/394/EEC of 28 June 1990 on the
provisions necessary to comply with :                                       protection of workers from the risks related to
                                                                            exposure to carcinogens at work, the Kingdom of Spain
                                                                            has failed to fulfil its obligations under Article 10 ( 1 ) of
— Council Directive 89/391 /EEC of 12 June 1989 on the                      Directives 89/654/EEC, 89/655/EEC and 89/656/EEC,
    introduction of measures to encourage improvements in                   Article 9 (1 ) of Directive 90/269/EEC, Article 11 ( 1 ) of
    the health and safety of workers at work ( OJ No L 183 ,                Directive 90/270/EEC and Article 19 ( 1 ) of Directive
    1989 , p. 1 );                                                          90/394/EEC;
— Council Directive 89/654/EEC of 30 November 1989
                                                                       2 . orders the Kingdom of Spain to pay the costs.
    concerning the minimum safety and health requirements
    for the workplace ( OJ No L 393 , 1989 , p. 1 );
                                                                       (') OJ No C 159 , 24 . 6 . 1995 .
— 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 ( OJ
    No L 393 , 1989 , p. 13 );
— Council Directive 89/656/EEC of 30 November 1989 on
    the minimum health and safety requirements for the use                            JUDGMENT OF THE COURT
    by workers of personal protective equipment at the                                          ( Sixth Chamber )
    workplace ( OJ No L 393 , 1989 , p. 18 );
                                                                                            of 26 September 1996
— Council Directive 90/269/EEC of 29 May 1990 on the                   in Case C-l 17/95 : Commission of the European
    minimum health and safety requirements for the manual                            Communities v. Italian Republic (')
    handling of loads where there is a risk particularly of            (Failure of a Member State to fulfil its obligations —
    back injury to workers ( OJ No L 156 , 1990, p. 9 );               Directive 92/35/FEC — Directive 92/40/EEC — Failure to
                                                                                  transpose within the period prescribed)
— Council Directive 90/270/EEC of 29 May 1990 on the                                               ( 96/C 354/ 17 )
    minimum safety and health requirements for work with
    display screen equipment ( OJ No L 156 , 1990 , p. 14 );                            (Language of the case: Italian)
    and
 — Council Directive 90/394/EEC of 28 June 1990 on the                  (Provisional translation; the definitive translation will be
    protection of workers from the risks related to exposure                     published in the European Court Reports)
    to carcinogens at work ( OJ No L 196 , 1990 , p. 1 ),
                                                                       In Case C-l 17/95 : Commission of the European
 the Kingdom of Spain has failed to fulfil its obligations              Communities ( Agent: Eugenio de March ) v. Italian Republic
 under those Directives, the Court ( Sixth Chamber ),                   ( Agent: Umberto Leanza , assisted by Pier Giorgio Ferri ) —
 composed of: C. N. Kakouris, President of the Chamber,                application for a declaration that, by failing to adopt
 G. F. Mancini , P. J. G. Kapteyn, J. L. Murray ( Rapporteur )         within the period prescribed the laws, regulations and