European Law Monitor

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European Law Monitor newsLuxembourg has failed to implement EU law on equal treatment between men and women in employment

The European Court of Justice (ECJ) today 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 (Directive 2002/73/EC). The deadline for EU Member States to transpose this Directive was 5 October 2005.

Commenting on the ECJ ruling, European Employment, Social Affairs and Equal Opportunities Commissioner, Vladimír Špidla, said: "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 12 May 2005, and a reasoned opinion on 4 July 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 introduces the definition of harassment.

Link to Directive 2002/73/EC