CELEX: C1997/054/06
Language: en
Date: 1997-02-22 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 12 December 1996 in Joined Cases C-74/95 and C-129/95 (references for a preliminary ruling from the Procura della Repubblica presso la Pretura Circondariale di Torino, Italy, and from the Pretura Circondariale di Torino): Criminal proceedings against X (Directive 90/270/EEC on the minimum safety and health requirements for work with display screen equipment - Definition of worker - Eye and eyesight tests - Definition of workstation for the purposes of Articles 4 and 5 - Extent of the obligations laid down in Article 4 and 5)

No C 54/4               EN                       Official Journal of the European Communities                                     22 . 2 . 97
     products listed in the Annex to Council Regulation                     Magistrate's Court, Turin ) and from the Pretura
     (EEC) No 383S/90 of 20 December 1990 amending                          Circondariale di Torino itself for a preliminary ruling in
     Regulations (EEC) No 3831 /90, (EEC) No 3832/90                        the criminal proceedings pending before that court against
     and (EEC) No 3833/90 in respect of the system of                       X — on the interpretation of Council Directive 90/270/
     generalized tariff preferences applied to certain                      EEC of 29 May 1990 on the minimum safety and health
     products originating in Bolivia, Colombia, Ecuador                     requirements for work with display screen equipment
     and Peru, does not apply to imports of preserved tuna                  ( fifth individual Directive within the meaning of Article 16
     in olive oil from Spain .                                              ( 1 ) of Directive 89/391 /EEC ) ( OJ No L 156 , 21 . 6 . 1990,
                                                                            p. 14 ) — the Court ( Fifth Chamber ), composed of : J. C.
2 . It is for the national court to establish whether the                   Moitinho de Almeida ( Rapporteur ), President of the
     conditions laid down in Article 5 (2) of Council                       Chamber, L. Sevon, D. A. O. Edward, P. Jann and M.
      Regulation (EEC) No 1679/79 on the post-clearance                     Wathelet, Judges; D. Ruiz-Jarabo Colomer, Advocate­
     recovery of import duties which have not been                          General ; R. Grass , Registrar, gave a judgment on
     required of the person liable for payment on goods                     12 December 1996 , the operative part of which is as
                                                                            follows :
     entered for a customs procedure involving the
      obligation to pay such duties are fulfilled. In order to
     determine whether or not the error committed by the                    1 . Article 9 ( 1 ) of Council Directive 90/270/EEC of
     authorities could reasonably have been detected by the                       29 May 1990 on the minimum safety and health
     person liable it is appropriate to take account, in                          requirements for work with display screen equipment
     particular, of the nature of the error, the professional                     (fifth individual Directive within the meaning of
      experience of the trader concerned and the degree of                        Article 16 (1 ) of Directive 89/391 /EEC) must be
      care exercised by him. The relevant factors to be taken                     interpreted as meaning that the regular eye tests for
      into account include the complexity of the legislation,                     which it provides are to be carried out on all workers
      the terms in which the purpose of the provisions at                         to whom the Directive applies and Article 9 (2) is to
      issue is expressed, recurrence of the error in question                     be interpreted as meaning that workers are entitled to
      in other measures of the Member State concerned and                         an ophthalmological examination in all cases where
     any divergence of views between the Member States as                         the eye and eyesight test carried out pursuant to
      to the proper interpretation of the relevant provisions.                    Article 9 (1 ) shows that this it necessary.
(') OJ No C 199 , 13 . 5 . 1995 ,
     OJ No C 137, 3 . 6 . 1995 , and                                        2 . On a proper construction of Articles 4 and 5 of
     OJ No C 189 , 22 . 7 . 1995 .                                                Directive 90/270/E.EC, the obligations they impose
                                                                                  apply to all workstations as defined in Article 2 (b),
                                                                                  even if they are not used by workers as defined in
                                                                                  Article 2 (c), and workstations must be adapted to
                                                                                  comply with all the minimum requirements laid down
                                                                                  in the Annex .
                JUDGMENT OF THE COURT
                                                                            (') OJ No C 208 , 12 . 8 . 1995 .
                           ( Fifth Chamber )
                      of 12 December 1996
in Joined Cases C-74/95 and C-129/95 ( references for a
preliminary ruling from the Procura della Repubblica
presso la Pretura Circondariale di Torino, Italy, and from
the Pretura Circondariale di Torino ): Criminal proceedings                                 JUDGMENT OF THE COURT
                              against X ( 1 )                                                         ( Sixth Chamber)
(Directive 90/270/EEC on the minimum safety and health                                             of 12 December 1996
requirements for work with display screen equipment —
Definition of worker — Eye and eyesight tests —                             in Case C-142/95 P Associazione Agricoltori della
Definition of workstation for the purposes of Articles 4                    Provincia di Rovigo and Others v. Commission of the
and 5 — Extent of the obligations laid down in Article 4                                  European Communities and Others (')
                                  and 5)                                     (Appeal — Natural or legal persons — Act of direct and
                              ( 97/C 54/06 )                                                    individual concern to them)
                                                                                                         ( 97/C 54/07 )
                  (Language of the case: Italian)
                                                                                              (Language of the case: Italian)
   (Provisional translation; the definitive translation will be
           published in the European Court Reports)
                                                                               (Provisional translation; the definitive translation will be
In Joined Cases C-74/95 and C-129/95 : references to the
                                                                                        published in the European Court Reports)
Court under Article 177 of the EC Treaty from the
Procura della Repubblica ( Office of the Public Prosecutor )                 In Case C-142/95 P: Associazione Agricoltori della
to     the    Pretura     Circondariale       di   Torino     ( District     Provincia di Rovigo, Associazione Polesana Coltivatori