(Case C‑321/06
Tribunal de Justicia de la Unión Europea

(Case C‑321/06

Fecha: 24-Jun-2007





Judgment of the Court (Seventh Chamber) of 24 June 2007 – Commission v Luxembourg

(Case C‑321/06)

Failure of a Member State to fulfil obligations – Directive 2002/14/EC – Informing and consulting employees – Failure to transpose within the period prescribed

Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 8)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, all the provisions necessary to comply with Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community – Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ 2002 L 80, p. 29).

Operative part

The Court:

1.

Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to comply with Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

2.

Orders the Grand Duchy of Luxembourg to pay the costs.

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