||All England Reporter
|| All ER (D) 96 (Feb)
||Court of Justice of the European Communities (Fifth Chamber)
Judges von Bahr (President of the Fourth Chamber, Acting for the President of the Fifth Chamber) (Rapporteur), Edward, La Pergola, Wathelet and Timmermans
||7 February 2002
European Community - Failure of a member state to fulfil obligations - Failure to ensure obligation laid down in directive applying in all circumstances - Measures to encourage improvements in the safety and health of workers at work - Employer's duty to keep documents containing an assessment of the risks to safety and health at work - Whether legislation of member state complying with obligation to impose duty on employers to keep documents containing an assessment of the risks to safety and health at work - Council Directive (EEC) 89/391, arts 9(1)(a) and 10(3)(a).
On an application by the Commission of the European Communities under art226 (EC) (formerly art169 of the EC Treaty), the Court of Justice of the European Communities declared that Germany had failed to fulfil its obligations under arts9(1)(a) and 10(3)(a) of Council Directive (EEC) 89-391 (on the introduction of measures to encourage improvements in the safety and health of workers at work) to ensure that the obligation to be in possession of an assessment in documentary form of the risks to safety and health at work applied to employers of 10 or fewer.
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