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Document 62004CJ0459

    Judgment of the Court (Third Chamber) of 15 June 2006.
    Commission of the European Communities v Kingdom of Sweden.
    Failure of a Member State to fulfil obligations - Social policy - Protection of the safety and health of workers - Directive 89/391/EEC - Capabilities and aptitudes of persons designated to carry out activities related to protection against and prevention of occupational hazards in undertakings.
    Case C-459/04.

    European Court Reports 2006 I-00079*

    ECLI identifier: ECLI:EU:C:2006:404





    Judgment of the Court (Third Chamber) of 15 June 2006 – Commission v Sweden

    (Case C-459/04)

    Failure of a Member State to fulfil obligations – Social policy – Protection of the safety and health of workers – Directive 89/391/EEC – Capabilities and aptitudes of persons designated to carry out activities related to protection against and prevention of occupational hazards in undertakings

    1.                     Acts of the institutions – Directives – Implementation by the Member States (Art. 249, third para., EC) (see paras 32-34)

    2.                     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, Art. 7(5) and (8)) (see paras 36-47)

    Re:

    Failure of a Member State to fulfil obligations – Incomplete transposition of Article 7(8) 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) – Definitions of capabilities and aptitudes of workers designated by the employer to carry out activities related to protection against and prevention of occupational hazards in undertakings.

    Operative part:

    The Court:

    1.

    Dismisses the action;

    2.

    Orders the Commission of the European Communities and the Kingdom of Sweden to pay their own costs.

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