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Document C2005/045/24

Case C-459/04: Action brought on 29 October 2004 by the Commission of the European Communities against the Kingdom of Sweden

JO C 45, 19.2.2005, p. 12–12 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

19.2.2005   

EN

Official Journal of the European Union

C 45/12

Action brought on 29 October 2004 by the Commission of the European Communities against the Kingdom of Sweden

(Case C-459/04)

(2005/C 45/24)

Language of the case: Swedish

An action against the Kingdom of Sweden was brought before the Court of Justice of the European Communities on 29 October 2004 by the Commission of the European Communities, represented by H. Kreppel and J. Enegren, acting as Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

1.

declare that the Kingdom of Sweden has failed to fulfil its obligations under 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 1 by failing to define the necessary capabilities and aptitudes required of persons designated to organise preventive and protective services related to health and safety and

2.

order the Kingdom of Sweden to pay the costs.

Pleas in law and main arguments

Article 7(8) of the directive does not provide for complete harmonisation in the different Member States of the definition of capabilities and aptitudes required of persons carrying out activities related to protective and preventive services, but gives the Member States discretion to define the knowledge required to comply with the provision. The definitions in the national legislation must, however, be above a certain minimum level so that the directive may be implemented in an acceptable manner.

The national legislation must include, as a minimum, a reference to an objective means of establishing that the person in question has undergone the required training and actually has the necessary experience and knowledge.

Neither the regulation nor the guidelines issued by the Arbetsmiljöverket (Work Environment Authority) include the definition of the capabilities or aptitudes required of persons carrying out activities relating to the work environment that is necessary for the correct transposition of Article 7(8).

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