CELEX: C2004/273/15
Language: en
Date: 2004-11-06 00:00:00
Title: Judgment of the Court (Second Chamber) of 14 September 2004 in Case C-168/03: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Directives 89/665/EEC and 95/63/EC — Incomplete transposition — Additional adjustment period)

6.11.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 273/8
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 14 September 2004
   in Case C-168/03: Commission of the European Communities v Kingdom of Spain (1)
   
   (Failure by a Member State to fulfil its obligations - Directives 89/665/EEC and 95/63/EC - Incomplete transposition - Additional adjustment period)
   (2004/C 273/15)
   Language of the case: Spanish
   In Case C-168/03: Commission of the European Communities (Agent: I. Martínez del Peral) v Kingdom of Spain (Agent: L. Fragua Gadea) — action under Article 226 EC for failure to fulfil obligations, brought on 11 April 2003 — the Court (Second Chamber), composed of: C W.A Timmermans, President of the Chamber, J.N. Cunha Rodrigues, J-P. Puissochet, R. Schintgen and N. Colneric (Rapporteur) Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar, gave a judgment on 14 September 2004, the operative part of which is as follows:
   
               1)
            
            
               By providing, in Article 1 of the sole transitional provision of Royal Decree No 1215/1997 of 18 July 1997 laying down the minimum safety and health requirements for the use of work equipment by workers, for an additional adjustment period for work equipment already provided to workers at the undertaking and/or establishment prior to 27 August 1997, the Kingdom of Spain has failed to fulfil its obligations under Article 4(1)(b) of Council Directive 89/665/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (89/655/EEC), as amended by Council Directive 95/63/EC of 5 December 1995.
            
         
               2)
            
            
               The Kingdom of Spain is ordered to pay the costs.
            
         
      (1)  OJ C 135 of 7.6.2003.