Case C-318/06: Action brought on 20 July 2006 — Commission of the European Communities v Grand Duchy of Luxembourg
Date: 2006-09-02
Institutions: Court of Justice
Subjects: European Commission, European company, Luxembourg, action for failure to fulfil an obligation, labour law, national implementing measure, worker consultation, worker participation

C 212/26

EN

Official Journal of the European Union

2.9.2006

Action brought on 20 July 2006 — Commission of the
European Communities v Grand Duchy of Luxembourg

(Case C-318/06)

(2006/C 212/44)

Language of the case: French

trative 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 Com-
munity (1), the Kingdom of Belgium has failed to fulfil its
obligations under Article 11 of that directive;

— Order the Kingdom of Belgium to pay the costs.

Parties

Pleas in law and main arguments

Applicant: Commission of the European Communities (repre-
sented by: J. Enegren and G. Rozet, acting as Agents)

The period for transposition of Directive 2002/14/EC into
domestic law expired on 23 March 2005.

Defendant: Grand Duchy of Luxembourg

Form of order sought

(1) OJ L 80, p. 29.

— Declare that, by not adopting, and,

in any event by not
notifying to the Commission, the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2001/86/EC of 8 October 2001 supplementing
the Statute for a European company with regard to the
involvement of employees (1), the Grand Duchy of Luxem-
bourg has failed to fulfil its obligations under that directive;

— Order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period for transposition of Directive 2001/86/EC into
domestic law expired on 8 October 2004.

Action brought on 20 July 2006 — Commission of the
European Communities v Grand Duchy of Luxembourg

(Case C-321/06)

(2006/C 212/46)

Language of the case: French

(1) OJ L 294, p. 22.

Parties

Action brought on 20 July 2006 — Commission of the
European Communities v Kingdom of Belgium

(Case C-320/06)

(2006/C 212/45)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: J. Enegren and G. Rozet, acting as Agents)

Defendant: Kingdom of Belgium

Form of order sought

Applicant: Commission of the European Communities (repre-
sented by: J. Enegren and G. Rozet, acting as Agents)

Defendant: Grand Duchy of Luxembourg

Form of order sought

— Declare that, by not adopting, and in any event by not noti-
fying to the Commission, the laws, regulations and adminis-
trative 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 Com-
munity (1), the Grand Duchy of Luxembourg has failed to
fulfil its obligations under Article 11 of that directive;

— order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period for the transposition of Directive 2002/14/EC into
domestic law expired on 23 March 2005.

— Declare that, by not adopting, and in any event by not noti-
fying to the Commission, the laws, regulations and adminis-

(1) OJ L 80, p. 29.