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Case C-305/10: S Judgment of the Court (Fifth Chamber) of 7 April 2011 — European Commission v Grand Duchy of Luxembourg (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)
ECLI:EU:UNKNOWN:62010CA0305
62010CA0305
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28.5.2011
Official Journal of the European Union
C 160/9
(Case C-305/10) (<span class="super">1</span>)
(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)
2011/C 160/08
Language of the case: French
Parties
Applicant: European Commission (represented by: V. Peere and M. van Beek, acting as Agents)
Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, acting as Agent)
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 of the judgment
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.
(<span class="super">1</span>) OJ C 234, 28.8.2010.