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Document 62014CN0238

Case C-238/14: Action brought on 13 May 2014  — European Commission v Grand Duchy of Luxembourg

OJ C 235, 21.7.2014, p. 10–11 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

21.7.2014   

EN

Official Journal of the European Union

C 235/10


Action brought on 13 May 2014 — European Commission v Grand Duchy of Luxembourg

(Case C-238/14)

2014/C 235/14

Language of the case: French

Parties

Applicant: European Commission (represented by: J. Enegren and D, Martin, acting as Agents)

Defendant: Grand Duchy of Luxembourg

Form of order sought

The applicant claims that the Court should:

declare that, by maintaining in force derogations from the measures aimed at preventing abuse of successive fixed-term contracts concluded with occasional entertainment workers, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Clause 5 of the Annex to Council Directive 1999/70/EC concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (1);

order Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

By maintaining in force derogations from the measures aimed at preventing abuse of successive fixed-term contracts concluded with occasional entertainment workers, Luxembourg has failed to fulfil its obligations under Clause 5 of the framework agreement.

The Commission considers that, for that category of workers, Luxembourg law does not provide for any objective reason allowing for the prevention of abuse of successive fixed-term contracts, contrary to Clause 5(1)(a) of the Annex to the framework agreement in question.


(1)  OJ 1999 L 175, p. 43.


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