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European Court of Justice (ECJ), March 14, 2017

Case C-133/17. Health and safety

Are Articles 114(3), 151 and 153 TFEU, and the provisions of Framework Directive 89/391/EEC and the subsequent specific directives to be interpreted as precluding a Member State of the European Union from laying down time limits and procedures which limit access to judicial remedies for the purposes of classifying work places as characterised by particular or special conditions, with the result that workers’ rights to safety and health at work deriving from the assessment of those conditions, in accordance with the national provisions described in the request for a preliminary ruling, are not recognised?

Does Article 9(a) of Directive 89/391/EEC preclude a national law which does not sanction an employer’s failure to obtain an assessment of the risks to safety and health during the period of employment?