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Case C-305/10: Action brought on 25 June 2010 — European Commission v Grand Duchy of Luxembourg
ECLI:EU:UNKNOWN:62010CN0305
62010CN0305
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28.8.2010
EN
Official Journal of the European Union
C 234/26
(Case C-305/10)
()
2010/C 234/43
Language of the case: French
Parties
Applicant: European Commission (represented by: V. Peere and M. van Beek, Agents)
Defendant: Grand Duchy of Luxembourg
Form of order sought
—declare that, by failing to adopt the laws, regulations and administrative provisions necessary to ensure compliance 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 (1) and, in any event, by not communicating those provisions to the Commission, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;
—order the Grand Duchy of Luxembourg to pay the costs.
Pleas in law and main arguments
The period within which Directive 2005/47/EC had to be transposed expired on 26 July 2008. On the date on which the present action was brought, however, the defendant had not yet adopted all necessary transposition measures or, in any event, had not communicated them to the Commission.
(1) OJ 2005 L 195, p. 15.