Judgment of the Court (Fifth Chamber) of 7 April 2011.#European Commission v Grand Duchy of Luxemburg.#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.#Case C-305/10.

Subject of the case

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

Operative part

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.