Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/26/2024

Subject: According to the Court, Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work, read in conjunction with the principle of effectiveness and Article 47 of the Charter of Fundamental Rights of the European Union, precludes legislation of a Member State, as interpreted by the constitutional court of that Member State, under which the final judgment of an administrative court concerning the classification of an event as an ‘accident at work’ has the force of res judicata before the criminal court called on to rule on the civil liability arising from the acts of which the defendant is accused, where that legislation does not allow the successors of the worker who was the victim of that event to be heard in any of the proceedings ruling on the existence of such an accident at work. The Court affirmed that the principle of primacy of EU law precludes the legislation of a Member State under which the ordinary national courts may not, on pain of disciplinary proceedings incurred by their members, refuse to apply of their own motion decisions of the constitutional court of that Member State, where they consider, in the light of the interpretation given by the Court of Justice, that those decisions infringe the rights that individuals derive from Directive 89/391

Parties: Energotehnica

Classification: Solidarity - Art. 31 Working conditions: healthy - Working conditions: safe - Justice - Art. 47 Justice: effective

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