Request for a preliminary ruling from the Curtea de Apel Cluj (Romania) lodged on 14 March 2017 — Dănuț Podilă and Others v Societatea Națională de Transport Feroviar de Călători ‘CFR Călători’ SA București

(Case C-133/17)

Language of the case: Romanian

Referring court

Curtea de Apel Cluj

Parties to the main proceedings

Appellants: Dănuț Podilă and Others

Respondent: Societatea Națională de Transport Feroviar de Călători ‘CFR Călători’ SA București

Questions referred

Are Articles 114(3), 151 and 153 TFEU, and the provisions of Framework Directive 89/391/EEC ¹ 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?

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¹ Council Directive 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).