Energotehnica (Social policy - Protection of the safety and health of workers - General obligations relating to the protection of safety and health - Judgment) [2024] EUECJ C-792/22 (26 September 2024)

Energotehnica (Social policy - Protection of the safety and health of workers - General obligations relating to the protection of safety and health - Judgment) [2024] EUECJ C-792/22 (26 September 2024)

EU law precludes national legislation that gives administrative court judgments on accident classification binding force in criminal proceedings where civil parties were not heard, as this violates the right to effective judicial protection and the principle of effectiveness. The primacy of EU law also precludes national rules that prevent ordinary courts from disapplying constitutional court decisions contrary to EU law, especially where disciplinary liability is threatened for such disapplication.

Citation
[2024] EUECJ C-792/22
Parties
Defendant: MG; Employer: SC Energotehnica SRL Sibiu; Civil Parties: Victim's successors; Administrative Authority: Labour Inspectorate, Romania; Prosecutor: Public Prosecutor’s Office attached to the Court of First Instance, Rupea, Romania
Jurisdiction
European Union
Judgment Date
26 September 2024
Procedural Posture
Preliminary Ruling / Court of Justice of the European Union Decision
Outcome
Questions referred answered; national legislation precluded by EU law as interpreted.
Legal Topics
Worker Safety, Employer Liability, Accident at Work, Res Judicata, Primacy of EU Law, Effective Judicial Protection
EU Law Labour Law Criminal Law Administrative Law Worker Safety Employer Liability Accident at Work Res Judicata +2 more

Case Brief

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Parties

MG

Defendant

SC Energotehnica SRL Sibiu

Employer

Victim's successors

Civil Parties

Labour Inspectorate, Romania

Administrative Authority

Public Prosecutor’s Office attached to the Court of First Instance, Rupea, Romania

Prosecutor

Procedural Posture

Preliminary Ruling / Court of Justice of the European Union Decision

Legal Issues

  1. 1 Does EU law preclude national legislation that binds criminal courts to administrative court findings on 'accident at work' without hearing civil parties?
  2. 2 Does the primacy of EU law preclude national rules preventing ordinary courts from disapplying constitutional court decisions contrary to EU law?

Ratio Decidendi

EU law precludes national legislation that gives administrative court judgments on accident classification binding force in criminal proceedings where civil parties were not heard, as this violates the right to effective judicial protection and the principle of effectiveness. The primacy of EU law also precludes national rules that prevent ordinary courts from disapplying constitutional court decisions contrary to EU law, especially where disciplinary liability is threatened for such disapplication.

Court Disposition

Questions referred answered; national legislation precluded by EU law as interpreted.

Orders

  • Article 1(1) and (2) and Article 5(1) of Directive 89/391, read with Article 47 of the Charter, preclude national legislation binding criminal courts to administrative court accident findings where civil parties were not heard.
  • Principle of primacy of EU law precludes national legislation preventing ordinary courts from disapplying constitutional court decisions contrary to EU law, especially under threat of disciplinary proceedings.