European Trade Union Institute, ETUI.

COM v LUX C-319/06

  • The facts

In July 2006 the European Commission brought an action against Luxembourg before the ECJ under the infringement procedure.

The European Commission argues that Luxembourg’s current labour legislation is not in line with the Posting of Workers Directive.

Luxembourg, it argues, interprets too widely the term 'public policy provisions' when bringing all their binding regulation in the field of labour law under that term. The result is that foreign service providers have to respect all labour law regulation in Luxembourg.

That first ground of the complaint regards, in particular:

(1) The obligation that foreign service providers can only employ employees posted in Luxembourg that have concluded a written contract of employment or prepared a similar document
(2) The automatic adjustment of pay to changes in the cost of living
(3) Rules governing part-time and fixed-term employment
(4) Respect of collective agreements.

Read the judgement

Read the opinion Advocate General Trstenjak