Judgment — ECLI:EU:C:2008:555
Date: 2008-10-09
Language of the case: French
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Luxembourg

Judgment of the Court (Sixth Chamber) of 9 October 2008 – Commission v Luxembourg (Case C‑70/08) Failure of a Member State to fulfil obligations – Directive 2003/72/EC – Statute for a European Cooperative Society – Involvement of employees in the decision-making of the society – Failure to transpose within the prescribed period Actions for failure to fulfil obligations – Examination of the 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 or notify, within the prescribed period, the provisions necessary to comply with Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees (OJ 2003 L 207, p. 25). Operative part The Court: 1. Declares that by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees, or by not ensuring that management and labour introduce the required provisions by way of agreement, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 16(1) of that directive; 2. Orders the Grand Duchy of Luxembourg to pay the costs.