The Commission v Luxembourg case involves important questions of interpretation of the Posting of workers Directive 96/71/EC (PWD). The European Commission argues that the Luxembourg legislation transposing the PWD violates the terms of the directive.
The Commission has therefore introduced legal action against Luxembourg for failure to fulfil its obligations under the Treaty. If condemned by the ECJ, Luxembourg will have to pay a fine and amend its legislation.
On 13 September 2007, Advocate General Verica Trstenjak gave her opinion, which is explained in greater detail in the briefing note below.
The ECJ issued its judgement in the case on 19 June 2008. It upheld the Commission’s complaint on all points, considering that the way in which Luxembourg has implemented the PWD is an obstacle to the free provision of cross border services. The European Trade Union Confederation (ETUC) considers that this is another hugely problematic judgement.