One Step Forward, Two Steps Back? The Viking and Laval Cases in the ECJ

摘要: This article analyses the judgements of European Court Justice (ECJ) in Case C-438/05 International Transport Workers' Federation and Finnish Seamen's Union v Viking Line (Judgement 11 December 2007) C-341/05 Laval Svenska Byggnadsarbetareforbundet 18 2007). In these cases, ECJ held that where industrial action infringes an employer's free movement rights under Article 43 EC (freedom establishment) 49 to provide services), respectively, Treaty provisions can have horizontal direct effect against unions organizing action. Unions may defend themselves claims by asserting a right strike (which recognized as fundamental within Community law) but only they are acting proportionately exercise right. The explores key elements ECJ's decisions on effect, proportionality, draws out some implications cases for English law. © 2008 Industrial Law Society; all reserved.