Keywords
Subject of the case
Operative part

Keywords

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)

Subject of the case

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

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.