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Judgment of the Court (Eighth Chamber) of 6 March 2008. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Directive 2002/73/EC - Equal treatment for men and women - Access to employment, vocational training and promotion - Working conditions - Failure to transpose within the prescribed period. # Case C-340/07.
ECLI:EU:C:2008:147
62007CJ0340
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Commission v Luxembourg
(Case C‑340/07)
Failure of a Member State to fulfil obligations – Directive 2002/73/EC – Equal treatment for men and women – Access to employment, vocational training and promotion – Working conditions – Failure to transpose within the prescribed period
Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 6)
Re:
Failure of a Member State to fulfil obligations – Failure to take, within the prescribed period, all the measures necessary to comply with Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 2002 L 269, p. 1).
Operative part
The Court:
1.Declares that, by not having adopted within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, the Grand Duchy of Luxembourg has failed to fulfil its obligations under the first paragraph of Article 2(1) of that directive;
2.Orders the Grand Duchy of Luxembourg to pay the costs.