Società italiana petroli SpA (IP) v Borsana Srl.
Date: 1998-12-17
25 As a preliminary point, it must be borne in mind that, as the Court has consistently held since its judgment in Case 152/84 Marshall v Southampton and South-West Hampshire Area Health Authority [1986] ECR 723, paragraph 48, a directive may not of itself impose obligations on an individual, in this case an employer in the private sector, and a provision of a directive may not be relied upon as such against such a person.
26 However, since the Court's judgment in Case 14/83 Von Colson and Kamann v Land Nordrhein Westfalen [1984] ECR 1891, paragraph 26, it is clear from the case-law that the Member States' obligation arising from a directive to achieve the result envisaged by the directive and their duty under Article 5 of the EC Treaty to take all appropriate measures, whether general or particular, to ensure the fulfilment of that obligation, is binding on all the authorities of Member States including, for matters within their jurisdiction, the courts. As follows from the Court's judgments in Case C-106/89 Marleasing v La Comercial Internacional de Alimentación [1990] ECR I-4153, paragraph 8, and Case C-334/92 Wagner Miret [1993] ECR I-6911, paragraph 20, in applying national law, whether the provisions in question were adopted before or after the directive, the national court called upon to interpret it is required to do so, so far as possible, in the light of the wording and the purpose of the directive in order to achieve the result pursued by the latter and thereby comply with the third paragraph of Article 189 of the Treaty.
35 In that connection it should be noted that Directive 90/394 was adopted on the basis of Article 118a of the Treaty and that it lays down `minimum requirements' as regards the protection of the health and safety of workers against the risks linked to exposure to carcinogens at work. As the Court stated in Case C-84/94 United Kingdom v Council [1996] ECR I-5755, paragraph 17, the significance of the expression `minimum requirements' in Article 118a, which is reproduced in Article 1 of Directive 90/394, is that Member States are authorised to adopt more stringent measures than those which form the subject-matter of Community action. Article 118a(3) of the Treaty moreover confirms that where such minimum requirements are adopted pursuant to that article, the Member States are still free to introduce more stringent measures for the protection of working conditions.
37 On that point it must be noted, first, that the employer's duty to reduce workers' exposure to the carcinogen irrespective of the assessment of risks increases the protection of the latter's health and safety. Furthermore such a duty is confined to reinforcing the obligation laid down in Article 5 of Directive 90/394. It does not therefore undermine the coherence of Community action in the area of workers' health and safety.
40 Since the legislation at issue is a more stringent measure for the protection of working conditions compatible with the Treaty and results from the exercise by a Member State of the powers it has retained pursuant to Article 118a(3) of the Treaty, it is not for the Court to rule on whether such legislation and the penalties imposed therein are compatible with the principle of proportionality.
48 However when taking all appropriate measures to ensure fulfilment of the obligations arising under a directive, pursuant to Article 5 of the Treaty, the Member States are required to comply with the general principles of Community law, in particular the principle of proportionality (see, to that effect, inter alia Case C-326/88 Hansen [1990] ECR I-2911, paragraphs 17 to 19).
49 In adopting measures such as the setting of a time-limit for adapting existing work equipment, which involves taking into account complex economic and technical circumstances, the Member States have wide discretion (see, to that effect, inter alia Case 174/82 Sandoz [1983] ECR 2445, paragraph 19).
59 According to settled case-law, the Court of Justice has jurisdiction under Article 177 of the Treaty to interpret Community law where the situation in question is not governed directly by Community law but the national legislature, in transposing the provisions of a directive into domestic law, has chosen to apply the same treatment to purely internal situations and to those governed by the directive, so that it has aligned its domestic legislation on Community law (see, most recently, Case C-28/95 Leur-Bloem v Inspecteur der Belastingdienst/Ondernemingen Amsterdam [1997] ECR I-4161, paragraph 34).