Judgment of the Court (Third Chamber) of 10 June 2004 in Case C-333/03: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Failure to transpose Directive 98/50/EC — Transfer of undertakings — Safeguarding of employees' rights)
Date: 2004-07-24
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, approximation of laws, labour law, national implementing measure, transfer of businesses

24.7.2004

EN

Official Journal of the European Union

C 190/3

ruling in the proceedings pending before that court between
Österreichischer Gewerkschaftsbund, Gewerkschaft der Priva-
tangestellten and Wirtschaftskammer Österreich - on the inter-
pretation of Article 141 EC and Article 1 of Council Directive
75/117/EEC of 10 February 1975 on the approximation of the
laws of the Member States relating to the application of the
principle of equal pay for men and women (OJ 1975 L 45,
p. 19) - the Court, composed of: V. Skouris, President, P. Jann,
C.W.A. Timmermans, A. Rosas, J.-P. Puissochet (Rapporteur)
and J.N. Cunha Rodrigues, Presidents of Chambers, R.
Schintgen, F. Macken, N. Colneric, S. von Bahr and R. Silva de
Lapuerta, Judges; J. Kokott, Advocate General; H. von Holstein,
Deputy Registrar, for the Registrar, has given a judgment on 8
June 2004, in which it has ruled:

S. Schreiner) - application for a declaration that, by failing to
adopt the laws, regulations and administrative provisions neces-
sary to comply with Council Directive 98/50/EC of 29 June
1998 amending Directive 77/187/EEC on the approximation of
the laws of the Member States relating to the safeguarding of
employees' rights in the event of transfers of undertakings,
businesses or parts of businesses (OJ 1998 L 201, p. 88) or, in
any event, by failing to inform the Commission thereof, the
Grand Duchy of Luxembourg has failed to fulfil its obligations
under that directive - the Court (Third Chamber), composed of:
A. Rosas, acting for the President of
the Third Chamber,
R. Schintgen and N. Colneric (Rapporteur), Judges; L.A. Geel-
hoed, Advocate General; R. Grass, Registrar, has given a judg-
ment on 10 June 2004, in which it:

1. The benefit, for persons performing military service or, as an alter-
native, compulsory civilian service which may be extended volunta-
rily, consisting in the taking into account, for calculation of a
termination payment they might subsequently be entitled to claim,
of the duration of that service is to be regarded as part of their
pay within the meaning of Article 141 EC.

2. Article 141 EC and Council Directive 75/117/EEC of 10
February 1975 on the approximation of the laws of the Member
States relating to the application of the principle of equal pay for
men and women do not preclude the calculation of a termination
payment from taking into account, as length of service, the dura-
tion of periods of military service or
the civilian equivalent
performed mainly by men but not of parental leave taken most
often by women.

(1) OJ C 202 of 24.8.2002.

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Council Direc-
tive 98/50/EC of 29 June 1998 amending Directive
77/187/EEC on the approximation of the laws of the Member
States relating to the safeguarding of employees' rights in the event
of transfers of undertakings, businesses or parts of businesses, 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.

(1) OJ C 213 of 6.9.2003.

JUDGMENT OF THE COURT

(Third Chamber)

of 10 June 2004

Action brought on 23 March 2004 by the Commission of
the Kingdom of
the European Communities against

Denmark

(Case C-150/04)

(2004/C 190/06)

in Case C-333/03: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(Failure of a Member State to fulfil obligations — Failure to
transpose Directive 98/50/EC — Transfer of undertakings —
Safeguarding of employees' rights)

An action against
the Kingdom of Denmark was brought
before the Court of Justice of the European Communities on
23 March 2004 by the Commission of the European Commu-
nities, represented by R. Lyal and S. Tams, acting as Agents,
with an address for service in Luxembourg.

(2004/C 190/05)

The applicant claims that the Court should:

(Language of the case: French)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-333/03: Commission of the European Communities
(Agent: M.-J. Jonczy ) v Grand Duchy of Luxembourg (Agent:

1) Declare that, by introducing and maintaining a system for
life insurance and pensions under which tax deductions and
tax exemptions for payments (sections 18 and 19 of the law
on pension tax) are granted only for payments under
contracts entered into with pension institutions established
in Denmark, whereas no such tax relief
is granted for
payments pursuant to contracts entered into with pension
institutions established in other Member States (sections
53A and 53B), the Kingdom of Denmark has failed to fulfil
its obligations under Articles 39, 43, 49 and 56 EC.