Commission v. Grand Duchy of Luxembourg

In 1988, the Commission of the European Communities (the commission) (plaintiff) published Communication 88/C 72/02, a reminder to member states to allow other member states’ workers free movement and access to employment. Employment in various state-run sectors in the Grand Duchy of Luxembourg (defendant) was restricted to Luxembourg nationals by statute. The commission asserted that this restriction violated European Union treaty provisions on the free movement of workers. In January 1988, the commission sent Luxembourg a letter indicating that Luxembourg needed to eliminate its statutory nationality provisions. Luxembourg responded in October 1990 that it would not take the measures requested by the commission. In March 1991, the commission sent six formal letters to Luxembourg regarding the alleged violation and asked Luxembourg to respond within six months. Luxembourg responded in May 1992 and indicated its intent to keep its previous position. In July 1992, the commission issued six reasoned opinions regarding the areas of violation and gave Luxembourg four months to comply. This four-month period was longer than the one to two months typically allowed by the commission for compliance with reasoned opinions, and Luxembourg never sought an extension of the period. Luxembourg ultimately failed to comply, and the commission brought enforcement proceedings against Luxembourg in the European Court of Justice. Luxembourg challenged the commission’s actions because the commission had only given Luxembourg four months to comply with the commission before bringing suit, which Luxembourg argued was not realistically enough time to overhaul its entire administrative system. The commission responded that four months was far longer than the usual notice it provided and further contended that Luxembourg had constructive notice of the commission’s position in 1988 when the commission published Communication 88/C 72/02.