CELEX: 62014CA0238
Language: en
Date: 2015-02-26 00:00:00
Title: Case C-238/14: Judgment of the Court (Third Chamber) of 26 February 2015 — European Commission v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Occasional workers in the entertainment arts — Successive fixed-term employment contracts — Clause 5(1) — Measures to prevent the abusive use of successive fixed-term contracts — Concept of ‘objective grounds’ justifying such contracts)

27.4.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 138/23
            
         Judgment of the Court (Third Chamber) of 26 February 2015 — European Commission v Grand Duchy of Luxembourg
   (Case C-238/14) (1)
   
   ((Failure of a Member State to fulfil obligations - Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Occasional workers in the entertainment arts - Successive fixed-term employment contracts - Clause 5(1) - Measures to prevent the abusive use of successive fixed-term contracts - Concept of ‘objective grounds’ justifying such contracts))
   (2015/C 138/31)
   Language of the case: French
   
      Parties
   
   
      Applicant: European Commission (represented by: J. Enegren and D. Martin, acting as Agents)
   
      Defendant: Grand Duchy of Luxembourg (represented by: D. Holderer, acting as Agent)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by maintaining in force, with respect to occasional workers in the entertainment arts, derogations from the measures designed to prevent the abusive use of successive fixed-term contracts, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Clause 5 of the Framework Agreement on fixed-term work of 18 March 1999, which is set out in the Annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP;
            
         
               2.
            
            
               Orders the Grand Duchy of Luxembourg to pay the costs.
            
         
      (1)  OJ C 235, 21.7.2014.