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Case C-392/21: Judgment of the Court (Second Chamber) of 22 December 2022 (request for a preliminary ruling from the Curtea de Apel Cluj — Romania) — TJ v Inspectoratul General pentru Imigrări (Reference for a preliminary ruling — Social policy — Protection of the safety and health of workers — Directive 90/270/EEC — Article 9(3) — Work with display screen equipment — Protection of workers’ eyes and eyesight — Special corrective appliances — Spectacles — Acquisition by the employee — Arrangements for the employer to meet the costs)

ECLI:EU:UNKNOWN:62021CA0392

62021CA0392

December 22, 2022
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Official Journal of the European Union

C 63/6

(Case C-392/21) (<span class="oj-super oj-note-tag">1</span>)

(Reference for a preliminary ruling - Social policy - Protection of the safety and health of workers - Directive 90/270/EEC - Article 9(3) - Work with display screen equipment - Protection of workers’ eyes and eyesight - Special corrective appliances - Spectacles - Acquisition by the employee - Arrangements for the employer to meet the costs)

(2023/C 63/07)

Language of the case: Romanian

Referring court

Parties to the main proceedings

Appellant: TJ

Respondent: Inspectoratul General pentru Imigrări

Operative part of the judgment

1.Article 9(3) of Council Directive 90/270/EEC of 29 May 1990 on the minimum safety and health requirements for work with display screen equipment (fifth individual Directive within the meaning of Article 16(1) of Directive 87/391/EEC)

must be interpreted as meaning that ‘special corrective appliances’ provided for in that provision include spectacles aimed specifically at the correction and prevention of visual difficulties relating to work involving display screen equipment. Moreover, those ‘special corrective appliances’ are not limited to appliances used exclusively for professional purposes.

2.Article 9(3) and (4) of Directive 90/270

must be interpreted as meaning that the employer’s obligation, laid down in that provision, to provide the workers concerned with a special corrective appliance, may be met by the direct provision of the appliance to the worker by the employer or by reimbursement of the necessary expenses incurred by the worker, but not by the payment of a general salary supplement to the worker.

(<span class="oj-super">1</span>) OJ C 391, 27.9.2021.

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