Luxembourg Taken To Task Over Employment Laws

by Carla Johnson, Investors Offshore.com, London

06 March 2008

The European Court of Justice (ECJ) on Thursday ruled that Luxembourg had breached EU law by failing to transpose a European Directive on equal treatment for men and women in employment, vocational training and promotion, and working conditions.

The deadline for EU Member States to transpose this Directive was October 5th, 2005.

Commenting on the ECJ ruling, European Employment, Social Affairs and Equal Opportunities Commissioner, Vladimír Špidla, announced that:

"This Directive was agreed unanimously by the Member States and adopted in 2002. So far, the Government of Luxembourg has not notified us of their compliance with the Directive. I urge Luxembourg to move quickly to meet their obligations in this area to ensure equal treatment for men and women."

The Commission launched an infringement procedure on the basis of Article 226 of the EC Treaty. A letter of formal notice was issued by the Commission for non-communication of national transposing measures on May 12th 2005, and a reasoned opinion was sent to the Luxembourg authorities on July 4th, 2006.

The 'Equal Treatment Directive' prohibits direct and indirect discrimination in a wide range of areas, including employment, vocational training and education on the basis of gender. Moreover, it clarifies the definition of harassment.

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