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Judgment of the Court (First Chamber) of 5 June 2008. # Commission of the European Communities v French Republic. # Failure of a Member State to fulfil obligations - Directive 89/391/EEC - Measures to encourage improvements in the safety and health of workers at work - Articles 2, 10(1) and 12(3) and (4) - Defective transposition. # Case C-226/06.
ECLI:EU:C:2008:318
62006CJ0226
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(Case C‑226/06)
Failure of a Member State to fulfil obligations – Directive 89/391/EEC – Measures to encourage improvements in the safety and health of workers at work – Articles 2, 10(1) and 12(3) and (4) – Defective transposition
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 9(1)(c), 10(1) and (3)(b), 13(2)(a), (c), (e) and (f)) (see paras 44-46, 48-54, 58)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the provisions necessary to comply with Articles 2, 10(1), and 12(3) and (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).
Operative part
The Court:
1.Declares that, by failing to adopt, within the prescribed period, all the provisions necessary to comply with Articles 2, 10(1), and 12(3) and (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, the French Republic has failed to fulfil its obligations under that directive;
2.Orders the French Republic to pay the costs.