12.8.2006   

EN

Official Journal of the European Union

C 190/4


Judgment of the Court (Third Chamber) of 15 June 2006 — Commission of the European Communities v Kingdom of Sweden

(Case C-459/04) (1)

(Failure of a Member State to fulfil obligations - Social policy - Protection of the safety and health of workers - Directive 89/391/EEC - Capabilities and aptitudes of persons designated to carry out activities related to protection against and prevention of occupational hazards in undertakings)

(2006/C 190/06)

Language of the case: Swedish

Parties

Applicant: Commission of the European Communities (represented by: H. Kreppel, J. Enegren and V. Kreuschitz, Agents)

Defendant: Kingdom of Sweden (represented by: A. Kruse and K. Wistrand, Agents)

Re:

Failure of a Member State to fulfil obligations — Incomplete transposition of 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 (OJ 1989 L 183, p. 1) — Definitions of capabilities and aptitudes of workers designated by the employer to carry out activities related to protection against and prevention of occupational hazards in undertakings

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders the Commission of the European Communities and the Kingdom of Sweden to pay their own costs.


(1)  OJ C 45, 19.02.2005.