CELEX: 62014CN0238
Language: en
Date: 2014-05-13 00:00:00
Title: Case C-238/14: Action brought on 13 May 2014  — European Commission v Grand Duchy of Luxembourg

21.7.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 235/10
            
         Action brought on 13 May 2014 — European Commission v Grand Duchy of Luxembourg
   (Case C-238/14)
   2014/C 235/14
   Language of the case: French
   
      Parties
   
   
      Applicant: European Commission (represented by: J. Enegren and D, Martin, acting as Agents)
   
      Defendant: Grand Duchy of Luxembourg
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               declare that, by maintaining in force derogations from the measures aimed at preventing abuse of successive fixed-term contracts concluded with occasional entertainment workers, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Clause 5 of the Annex to Council Directive 1999/70/EC concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (1);
            
         
               —
            
            
               order Grand Duchy of Luxembourg to pay the costs.
            
         
      Pleas in law and main arguments
   
   By maintaining in force derogations from the measures aimed at preventing abuse of successive fixed-term contracts concluded with occasional entertainment workers, Luxembourg has failed to fulfil its obligations under Clause 5 of the framework agreement.
   The Commission considers that, for that category of workers, Luxembourg law does not provide for any objective reason allowing for the prevention of abuse of successive fixed-term contracts, contrary to Clause 5(1)(a) of the Annex to the framework agreement in question.
   
      (1)  OJ 1999 L 175, p. 43.