Judgment of the Court (Tenth Chamber) of 21 March 2018 —
Podilă and Others
(Joined Cases C‑133/17 and C‑134/17) (1)
(Reference for a preliminary ruling — Directive 89/391/EEC — Safety and health of workers at work — Classification of work places as places characterised by particular or special conditions — Assessment of the risks to safety and health at work — Employer’s obligations)
Social policy — Protection of the safety and health of workers — Directive 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work — Scope — Calculation of pensions of workers in accordance with the classification of their activities in different risk groups –National legislation laying down strict deadlines and procedures which do not enable the national courts to review or establish that classification – Exclusion, equally in respect of Articles 114(3) TFEU, 151 TFEU and 153 TFEU
(Arts 114(3) TFEU, 151 TFEU and 153 TFEU; Council Directive 89/391, Arts 9(1) and (2) and 11(6))
(see paras 37, 38, 42-45, operative part)
Operative part
Article 114(3) and Articles 151 and 153 TFEU and 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 must be interpreted as not being applicable to national laws, such as that at issue in the main proceedings, which lays down strict deadlines and procedures not allowing the national courts to review or establish the classification of the activities of workers in various risk groups, on the basis of which retirement pensions are calculated for those workers.