||All England Reporter
|| All ER (D) 126 (Jun)
||Court of Justice of the European Communities (Third Chamber)
Judges Rosas (President of the Chamber), Tizzano, Borg Barthet, Lohmus and O Caoimh
||14 June 2007
European Community - Directives - Transposition into national law - Health and safety at work - Commission contending directive incorrectly transposed into national law - Whether Commission correct - Health and Safety at Work Act 1974, s 2 - Council Directive (EC) 89/391, art 5.
European Community Directives. It was for the European Commission to prove the existence of an alleged infringement of art5(1) of Council Directive (EC) 89-391 by the United Kingdom and to provide the court with the information necessary for it to determine whether the infringement was made out. In the instant case, the Commission had not established to the requisite legal standard that, in qualifying the duty on employers to ensure the safety and health of workers in every aspect related to work, by limiting that duty to what was reasonably practicable, the UK had failed to fulfil it obligations under art5 of the directive.
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