Official Journal of the European Union

C 298/11

(Case C-379/11)

2011/C 298/22

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Caves Krier Frères S.àr.l

Defendant: Directeur de l’Administration de l’emploi

Question referred

Is the first subparagraph of Article L.541-1 of the Luxembourg Labour Code compatible with Union law, and more particularly Articles 21 and 45 of the Treaty on the Functioning of the European Union, in so far as it reserves the right to reimbursement of part employer part employee social security contributions upon the hiring of unemployed persons aged over 45 years, be they indemnified or not, to private sector employers on condition that the unemployed persons be registered as work seekers with a placement office of the Luxembourg employment administration for at least one month, while employers who hire unemployed persons registered as work seekers with corresponding foreign bodies do not benefit from that measure?