13.9.2008

Official Journal of the European Union

C 236/2

(Case C-504/06)

(Failure of a Member State to fulfil obligations - Directive 92/57/EEC - Implementation of minimum safety and health requirements at temporary or mobile construction sites - Article 3(1) - Incorrect transposition)

(2008/C 236/02)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: L. Pignataro-Nolin and I. Kaufmann-Bühler, Agents)

Defendant: Italian Republic (represented by: I. Braguglia, Agent and W. Ferrante, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Incorrect transposition of Article 3(1) of Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites (eighth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ 1992 L 245, p. 6) — Appointment of health and safety coordinators for a construction site where a number of undertakings are operating

Operative part of the judgment

The Court:

1.Declares that, by failing correctly to transpose in Italian law Article 3(1) of Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites (eighth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC), the Italian Republic has failed to fulfil its obligations under that directive;

2.Orders each party to bear its own costs.

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Language of the case: Italian.

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