Judgment of the Court (Sixth Chamber) of 9 October 2008.#Commission of the European Communities v Grand Duchy of Luxemburg.#Failure of a Member State to fulfil obligations - Directive 2003/72/EC - Statute for a European Cooperative Society - Involvement of employees in the decision-making of the society - Failure to transpose within the prescribed period.#Case C-70/08.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Failure to adopt or notify, within the prescribed period, the provisions necessary to comply with Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees (OJ 2003 L 207, p. 25).

Operative part

Operative part

The Court:

1. Declares that by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees, or by not ensuring that management and labour introduce the required provisions by way of agreement, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 16(1) of that directive;

2. Orders the Grand Duchy of Luxembourg to pay the costs.