CELEX: C2004/190/05
Language: en
Date: 2004-07-24 00:00:00
Title: 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)

24.7.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 190/3
            
         
      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 (1)
   
   (Failure of a Member State to fulfil obligations - Failure to transpose Directive 98/50/EC - Transfer of undertakings - Safeguarding of employees' rights)
   (2004/C 190/05)
   Language of the case: French
   In Case C-333/03: Commission of the European Communities (Agent: M.-J. Jonczy ) v Grand Duchy of Luxembourg (Agent: S. Schreiner) - application for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary 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. Geelhoed, Advocate General; R. Grass, Registrar, has given a judgment on 10 June 2004, in which it:
   
               1.
            
            
               Declares that, by failing to adopt the laws, regulations and administrative provisions necessary 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, 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.