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Document 62004CJ0132
Judgment of the Court (Second Chamber) of 12 January 2006.#Commission of the European Communities v Kingdom of Spain.#Failure of a Member State to fulfil obligations - Social policy - Protection of the safety and health of workers - Directive 89/391/EEC - Scope - Non-civilian personnel in public authorities - Armed forces and police - Included.#Case C-132/04.
Решение на Съда (втори състав) от 12 януари 2006 г.
Комисия на Европейските общности срещу Кралство Испания.
Неизпълнение на задължения от държава-членка - Социална политика - Директива 89/391/ЕИО.
Дело C-132/04.
Решение на Съда (втори състав) от 12 януари 2006 г.
Комисия на Европейските общности срещу Кралство Испания.
Неизпълнение на задължения от държава-членка - Социална политика - Директива 89/391/ЕИО.
Дело C-132/04.
ECLI identifier: ECLI:EU:C:2006:18
Judgment of the Court (Second Chamber) of 12 January 2006 – Commission v Spain
(Case C-132/04)
Failure of a Member State to fulfil obligations – Social policy – Protection of the safety and health of workers – Directive 89/391/EEC – Scope – Non-civilian personnel in public authorities – Armed forces and police – Included
1. Social policy – Protection of the safety and health of workers – Directive 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work (Council Directive 89/391, Arts 2(1), (2) and 4 (see paras 22, 26, 40)
2. Acts of the institutions – Directives – Implementation by Member States (Art. 249, third para., EC) (see para. 35)
3. Action for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 37)
Re:
| Failure of a Member State to fulfil obligations – Incomplete transposition of Article 2(1) and (2) and Article 4 of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ 1989 L 183, p. 1) – Non-civilian personnel in public authorities – Scope of Directive 89/391 |
Operative part:
The Court:
|
1. |
Declares that, by failing to transpose in their entirety into its national legislation Article 2(1) and (2) and Article 4 of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work, as regards non-civilian personnel in public authorities, the Kingdom of Spain has failed to fulfil its obligations under that directive; |
|
2. |
Orders the Kingdom of Spain to pay the costs. |