CELEX: 62010CJ0305
Language: en
Date: 2011-04-07
Title: Judgment of the Court (Fifth Chamber) of 7 April 2011. # European Commission v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Rail transport - Directive 2005/47/EC - Working conditions of mobile workers engaged in interoperable cross-border services in the railway sector - Agreement between sectoral social partners at European level - Failure to transpose within the prescribed period. # Case C-305/10.

Judgment of the Court (Fifth Chamber) of 7 April 2011 – Commission v Luxembourg
      (Case C-305/10)
      Failure of a Member State to fulfil obligations – Rail transport – Directive 2005/47/EC – Working conditions of mobile workers engaged in interoperable cross-border services in the railway sector – Agreement between sectoral social partners at European level – Failure to transpose within the prescribed period
      1.                     Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU; Council Directive 2005/47) (see paras
            8, 11-13)
      2.                     Actions for failure to fulfil obligations – Right of the Commission to bring judicial proceedings – To be exercised at its
            discretion (Art. 258 TFEU) (see para. 9)
      Re: 
      
         
               Action for failure to fulfil obligations – Failure to adopt and/or notify, within the prescribed period, the laws, regulations
                  and administrative provisions provided for by Council Directive 2005/47/EC of 18 July 2005 on the Agreement between the Community
                  of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions
                  of mobile workers engaged in interoperable cross-border services in the railway sector (OJ 2005 L 195, p. 15).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary
                     to comply with Council Directive 2005/47/EC of 18 July 2005 on the Agreement between the Community of European Railways (CER)
                     and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged
                     in interoperable cross-border services in the railway sector, 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.