The influence of the Court of Justice on EU health and safety legislation: an analysis of the case law (1989-2022)
Cefaliello, Aude ; Henry, Ninon
European Trade Union Institute, Brussels
ETUI - Brussels
2025
37 p.
occupational safety and health ; EU law ; EU Court of Justice ; case law
Report
2025.01
Occupational safety and health
English
Bibliogr.
978-2-87452-743-2
13.04.2-68878
"This reports has two goals. Firstly, it seeks to establish an overview of proceedings, whether they be actions for failure to fulfil obligations, actions for annulment, or references for a preliminary ruling – before the Court of Justice of the European Union associated with occupational health and safety directives between 1989 and 2022. A total of 173 decisions were selected and analysed. The variables taken into consideration were: the Member States against which the proceeding were brought, the year of the decision, the OSH directive examined and the type of proceedings. Secondly, by spotlighting certain patterns, it will be possible in future to build a litigation strategy for health and safety both by continuing to make references for a preliminary ruling to the Court and by turning decisions already made by the Court to account at national level."
Digital;Paper
ISBN (PDF) : 978-2-87452-744-9
Legal deposit : D/2025/10.574/02
The ETUI is co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the ETUI.