Case C-57/07: Action brought on 7 February 2007 — Commission of the European Communities v Grand-Duchy of Luxembourg
Date: 2007-04-28
Institutions: Court of Justice
Subjects: EU Member State, EU migration policy, European Commission, Luxembourg, action for failure to fulfil an obligation, family migration, foreign national, national implementing measure, rights of aliens

C 95/18

EN

Official Journal of the European Union

28.4.2007

Question referred

Are national provisions (Articles 2 and 8 of Decree-Law No 61/
2000) which impose an obligation on employers to send a copy
of part-time employment contracts within 30 days of
their
the
conclusion to the competent provincial department of
Labour Inspectorate, which imposes a fine of EUR 15 per
employee concerned and per day of delay for failure to do so,
and which do not set an upper limit for the administrative fine,
compatible with Community law provisions and Directive 97/
81/EC of 15 December 1997 (1)?

Action brought on 7 February 2007 — Commission of the
European Communities v Grand-Duchy of Luxembourg

(Case C-57/07)

(2007/C 95/31)

Language of the case: French

(1) OJ 1998 L 14, p. 9.

Parties

Reference for a preliminary ruling from the Landesgericht
Bozen (Italy) lodged on 1 February 2007 — Ruth Volgger,
Othmar Michaeler and Subito GmbH v Labour Inspectorate
of the Autonomous Province of Bolzano (now the employ-
ment protection office) and Autonomous Province of
Bolzano

(Case C-56/07)

(2007/C 95/30)

Language of the case: German

Referring court

Landesgericht Bozen

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande, Agent)

Defendant: Grand-Duchy of Luxembourg

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2003/86/EC of 22 September 2003 on the right
to family reunification (1), or in any event, by failing to
notify the Commission of such measures, the Grand-Duchy
of Luxembourg 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 transposing Directive 2003/86/EC expired on
3 October 2005.

Parties to the main proceedings

(1) OJ 2003 L 251, p. 12.

Applicants: Ruth Volgger, Othmar Michaeler and Subito GmbH

Defendants: Labour Inspectorate of the Autonomous Province of
Bolzano (now the employment protection office) and Autono-
mous Province of Bolzano

Question referred

Are national provisions (Articles 2 and 8 of Decree-Law No 61/
2000) which impose an obligation on employers to send a copy
their
of part-time employment contracts within 30 days of
conclusion to the competent provincial department of
the
Labour Inspectorate, which imposes a fine of EUR 15 per
employee concerned and per day of delay for failure to do so,
and which do not set an upper limit for the administrative fine,
compatible with Community law provisions and Directive 97/
81/EC of 15 December 1997 (1)?

(1) OJ 1998 L 14, p. 9.

Action brought on 8 February 2007 — Commission of the
European Communities v Grand-Duchy of Luxembourg

(Case C-61/07)

(2007/C 95/32)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: U. Wölker and J.-B. Laignelot, Agents)

Defendant: Grand-Duchy of Luxembourg