Judgment of the Court (Second Chamber) of 12 January 2006.#Commission of the European Communities v Kingdom of Spain.#Failure of a Member State to fulfil obligations - Social policy - Protection of the safety and health of workers - Directive 89/391/EEC - Scope - Non-civilian personnel in public authorities - Armed forces and police - Included.#Case C-132/04.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Incomplete transposition of Article 2(1) and (2) and Article 4 of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ 1989 L 183, p. 1) – Non-civilian personnel in public authorities – Scope of Directive 89/391

Operative part

Operative part:

The Court:

1. Declares that, by failing to transpose in their entirety into its national legislation Article 2(1) and (2) and Article 4 of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work, as regards non-civilian personnel in public authorities, the Kingdom of Spain has failed to fulfil its obligations under that directive;

2. Orders the Kingdom of Spain to pay the costs.