Case C-321/06: Judgment of the Court (Seventh Chamber) of 14 June 2007 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2002/14/EC — Informing and consulting employees — Failure to transpose within the period prescribed)
Date: 2007-08-04
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, labour law, national implementing measure, social dialogue, worker consultation, worker information

C 183/14

EN

Official Journal of the European Union

4.8.2007

3. Where discrimination infringing Community law has been found,
for as long as measures reinstating equal treatment have not been
adopted, the national court must set aside any discriminatory provi-
sion of national law, without having to request or await its prior
removal by the legislature, and apply to members of the disadvan-
taged group the same arrangements as those enjoyed by the persons
in the other category.

(1) OJ C 190, 12.8.2006.

Judgment of the Court (Sixth Chamber) of 14 June 2007 —
Commission of the European Communities v Kingdom of
Sweden

(Case C-333/06) (1)

(Failure of a Member State to fulfil obligations — Regulation
(EC) No 261/2004 — Air transport — Denied boarding and
cancellation or long delays of flights — Compensation and
assistance to passengers — Adoption of sanctions)

(2007/C 183/23)

Language of the case: Swedish

Judgment of the Court (Seventh Chamber) of 14 June 2007
— Commission of the European Communities v Grand
Duchy of Luxembourg

Parties

(Case C-321/06) (1)

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

(2007/C 183/22)

Language of the case: French

Parties

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

Defendant: Grand Duchy of Luxembourg (represented by: C.
Schiltz, Agent)

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 Parlia-
ment 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 of the judgment

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.

Applicant: Commission of the European Communities (repre-
sented by: R. Vidal Puig and K. Simonsson, Agents)

Defendant: Kingdom of Sweden (represented by: A. Kruse,
Agent)

Re:

the European Parliament and of

Failure of a Member State to fulfil obligations — Failure to take
the measures necessary to comply with Article 16 of Regulation
(EC) No 261/2004 of
the
Council of 11 February 2004 establishing common rules on
compensation and assistance to passengers in the event of
denied boarding and of cancellation or long delays of flights,
and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1)
— Laying down of effective, proportionate and dissuasive sanc-
tions

Operative part of the judgment

The Court:

1. Declares that, by failing to lay down the sanctions for infringe-
ments of the provisions of Regulation (EC) No 261/2004 of the
European Parliament and of the Council of 11 February 2004
establishing common rules on compensation and assistance
to
of
event
cancellation or long delays of
flights, and repealing Regulation
(EEC) No 295/91, the Kingdom of Sweden has failed to fulfil its
obligations under Article 16 of that directive;

passengers

boarding

in the

denied

and

of

2. Dismisses the remainder of the action;

3. Orders the Kingdom of Sweden to pay the costs.

(1) OJ C 212, 2.9.2006.

(1) OJ C 224, 16.9.2006.