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Case C-238/14: Judgment of the Court (Third Chamber) of 26 February 2015 — European Commission v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Occasional workers in the entertainment arts — Successive fixed-term employment contracts — Clause 5(1) — Measures to prevent the abusive use of successive fixed-term contracts — Concept of ‘objective grounds’ justifying such contracts)
ECLI:EU:UNKNOWN:62014CA0238
62014CA0238
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27.4.2015
Official Journal of the European Union
C 138/23
(Case C-238/14) (<span class="super">1</span>)
((Failure of a Member State to fulfil obligations - Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Occasional workers in the entertainment arts - Successive fixed-term employment contracts - Clause 5(1) - Measures to prevent the abusive use of successive fixed-term contracts - Concept of ‘objective grounds’ justifying such contracts))
(2015/C 138/31)
Language of the case: French
Parties
Applicant: European Commission (represented by: J. Enegren and D. Martin, acting as Agents)
Defendant: Grand Duchy of Luxembourg (represented by: D. Holderer, acting as Agent)
Operative part of the judgment
The Court:
1.Declares that, by maintaining in force, with respect to occasional workers in the entertainment arts, derogations from the measures designed to prevent the abusive use of successive fixed-term contracts, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Clause 5 of the Framework Agreement on fixed-term work of 18 March 1999, which is set out in the Annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP;
2.Orders the Grand Duchy of Luxembourg to pay the costs.
(<span class="super">1</span>) OJ C 235, 21.7.2014.