Nussbaumer (Social policy) [2010] EUECJ C-224/09 (07 October 2010)

Nussbaumer (Social policy) [2010] EUECJ C-224/09 (07 October 2010)

Article 3(1) of Directive 92/57/EEC precludes national legislation that allows derogation from the requirement to appoint a safety coordinator for private works not subject to planning permission when more than one contractor is present. Article 3(2) precludes national legislation that limits the requirement to draw up a safety and health plan to situations with more than one contractor, without considering particular risks as listed in Annex II to the Directive.

Citation
[2010] EUECJ C-224/09
Parties
Defendant: Mrs Nussbaumer; Prosecutor: Office for Safety in the Workplace of the Autonomous Province of Bolzano
Jurisdiction
European Union
Judgment Date
07 October 2010
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment on Reference From Tribunale Di Bolzano
Outcome
Preliminary ruling issued; Article 3 of Directive 92/57/EEC precludes the Italian legislation in question.
Legal Topics
Interpretation of Directive 92/57/eec, Appointment of Safety Coordinators, Health and Safety Plan Requirements, Derogations for Private Construction Works
European Union Law Labour Law Health and Safety Law Interpretation of Directive 92/57/eec Appointment of Safety Coordinators Health and Safety Plan Requirements Derogations for Private Construction Works

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Parties

Mrs Nussbaumer

Defendant

Office for Safety in the Workplace of the Autonomous Province of Bolzano

Prosecutor

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment on Reference From Tribunale Di Bolzano

Legal Issues

  1. 1 Whether Article 3 of Directive 92/57/EEC precludes national legislation allowing derogation from the requirement to appoint a safety coordinator for private works not subject to planning permission when more than one contractor is present.
  2. 2 Whether Article 3(2) of Directive 92/57/EEC precludes national legislation confining the requirement to draw up a safety and health plan to situations with more than one contractor, without considering particular risks.

Ratio Decidendi

Article 3(1) of Directive 92/57/EEC precludes national legislation that allows derogation from the requirement to appoint a safety coordinator for private works not subject to planning permission when more than one contractor is present. Article 3(2) precludes national legislation that limits the requirement to draw up a safety and health plan to situations with more than one contractor, without considering particular risks as listed in Annex II to the Directive.

Court Disposition

Preliminary ruling issued; Article 3 of Directive 92/57/EEC precludes the Italian legislation in question.

Orders

  • Article 3(1) precludes national legislation allowing derogation from the requirement to appoint a safety coordinator for private works not subject to planning permission with more than one contractor.
  • Article 3(2) precludes national legislation confining the requirement to draw up a safety and health plan to situations with more than one contractor, without using particular risks as criteria.