This document is an excerpt from the EUR-Lex website
Document 62001CJ0065
Judgment of the Court (Sixth Chamber) of 10 April 2003. # Commission of the European Communities v Italian Republic. # Failure of a Member State to fulfil obligations - Directive 89/655/EEC - Incomplete transposition. # Case C-65/01.
Judgment of the Court (Sixth Chamber) of 10 April 2003.
Commission of the European Communities v Italian Republic.
Failure of a Member State to fulfil obligations - Directive 89/655/EEC - Incomplete transposition.
Case C-65/01.
Judgment of the Court (Sixth Chamber) of 10 April 2003.
Commission of the European Communities v Italian Republic.
Failure of a Member State to fulfil obligations - Directive 89/655/EEC - Incomplete transposition.
Case C-65/01.
European Court Reports 2003 I-03655
ECLI identifier: ECLI:EU:C:2003:221
«(Failure of a Member State to fulfil obligations – Directive 89/655/EEC – Incomplete transposition)»
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(Council Directives 89/391 and 89/655)
JUDGMENT OF THE COURT (Sixth Chamber)
10 April 2003 (1)
((Failure of a Member State to fulfil obligations – Directive 89/655/EEC – Incomplete transposition))
In Case C-65/01, Commission of the European Communities, represented by A. Aresu, acting as Agent, with an address for service in Luxembourg,applicant,
v
Italian Republic, represented by U. Leanza, acting as Agent, and D. Del Gaizo, avvocato dello Stato, with an address for service in Luxembourg,defendant,
APPLICATION for a declaration that, by failing to adopt the laws and regulations necessary to transpose into national law the minimum mandatory requirements and, therefore, by failing to guarantee the protection of workers, the Italian Republic has failed to fulfil its obligations under Article 4(1) of, and the sixth sentence of paragraph 2.1, the second sentence of paragraph 2.2, the second to fourth sentences of paragraph 2.3, and the second to fifth indents of the second sentence of paragraph 2.8 of Annex I to, 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 (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ 1989 L 393, p. 13), as amended by Council Directive 95/63/EC of 5 December 1995 (OJ 1995 L 335, p. 28),THE COURT (Sixth Chamber),,
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 26 September 2002,
gives the following
On those grounds,
THE COURT (Sixth Chamber)
hereby:
Puissochet |
Gulmann |
Macken |
Colneric |
Cunha Rodrigues |
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R. Grass |
J.-P. Puissochet |
Registrar |
President of the Sixth Chamber |