15.8.2008 |
EN |
Official Journal of the European Union |
C 209/4 |
Judgment of the Court (First Chamber) of 19 June 2008 — Commission of the European Communities v Grand Duchy of Luxembourg
(Case C-319/06) (1)
(Failure of a Member State to fulfil obligations - Posting of workers - Freedom to provide services - Directive 96/71/EC - Public policy provisions - Weekly rest days - Obligation to produce documents relating to a posting on demand by the national authorities - Obligation to designate an ad hoc agent residing in Luxembourg to retain all the documents necessary for monitoring purposes)
(2008/C 209/06)
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: J. Enegren and G. Rozet, acting as Agents)
Defendant(s): Grand Duchy of Luxembourg (represented by: C. Schiltz, acting as Agent)
Re:
Failure of a Member State to fulfil obligations — Infringement of Articles 49 EC and 50 EC and incorrect implementation of Article 3(1) and (10) of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ 1997 L 18, p. 1) — Obligation to have an ad hoc agent resident in Luxembourg to keep all the documents necessary for the purposes of controls — Application of national provisions on working and employment conditions both going beyond and falling short of the requirements of the directive
Operative part of the judgment
The Court:
1) |
Declares that
the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 3(1) of Directive 96/71, read in conjunction with Article 10 thereof, and Articles 49 EC and 50 EC. |
2) |
Orders the Grand Duchy of Luxembourg to pay the costs. |