Official Journal of the European Union

JUDGMENT OF 6. 3. 2025 – CASE C-41/24 WALTHAM ABBEY RESIDENTS ASSOCIATION

29.8.2009 *

(Reference for a preliminary ruling from the Tribunale di Bolzano (Italy) lodged on 19 June 2009 — Criminal proceedings against Martha Nussbaumer)

(Case C-224/09)

2009/C 205/42

Language of the case: Italian

Referring court

Party to the main proceedings

Questions referred

1.Is the national legislation enacted by Legislative Decree No 81 of 9 April 2008, in particular the rule in Article 90(11) thereof, in breach of the rules laid down in Article 3 of Directive 92/57/EEC, in so far as it derogates, for private works not subject to planning permission, from the requirement imposed on the client or the project supervisor in Article 90(3) of the decree to appoint a coordinator for the preparation stage for a construction site on which more than one contractor is present and fails to give any consideration to the nature of the works or to whether there are particular risks of the kind listed in Annex II to the directive?

2.Is the national legislation enacted by Legislative Decree No 81 of 9 April 2008, in particular the rule in Article 90(11) thereof, in breach of the rules laid down in Article 3 of Directive 92/57/EEC with respect to the requirement for the client or the project supervisor to appoint, in all cases, a coordinator during the execution stage of works on construction sites, irrespective of the type of works concerned, and hence also in the case of private works not subject to planning permission which may entail the risks referred to in Annex II to the Directive?

3.Is Article 90(11) of Legislative Decree No 81 of 9 April 2008, in so far as it requires the coordinator for the execution stage to draw up a safety plan only if, in the case of private works not subject to planning permission, other undertakings besides the original contractor appointed become involved in the course of the project, in breach of Article 3 of Directive 92/57/EEC, which requires a coordinator for the execution stage to be appointed in all cases, irrespective of the type of works involved, and which allows no derogation from the requirement to draw up a safety and health plan where the work concerned involves particular risks, as set out in Annex II to the Directive?

(1) OJ 1992 L 245, p. 6.