Viking’ case at European Court of Justice

Response to Advocate General’s opinion in ‘Viking’ case at European Court of Justice today

The Viking Case in the European Court of Justice moved forward in Luxembourg today when ECJ Advocate General Maduro gave his opinion. The case will now continue and a judgement appears likely later this year.

Sr Maduro delivered the opinion that: trade unions may take collective action to dissuade a company from relocating within the community, so long as this does not partition the labour market along national lines or prevent a relocated company from providing services in another member state (see ECJ press release, attached, for more details).

ITF General Secretary David Cockroft responded: “This is an interesting opinion for anyone studying the case. There are favourable and unfavourable elements. We welcome Sr Maduro’s championing of unions’ right to collective action, but believe that there is cause for reevaluation of that part of the opinion that might encourage businesses to believe they can override those rights through a kind of cross border hopscotch.”

He concluded: “We’re glad to see the case move forward, but realise that this is not the end of the process. It will ultimately be determined by the judgment of the European Court, which we hope will endorse those recommendations of the Advocate General that are positive and reevaluate those that are not.”

The ‘Viking’ case between the International Transport Workers’ Federation (ITF), the Finnish Seamen’s’ Union (FSU) and Viking Line Abp was referred by the Court of Appeal in London to the European Court of in November 2005 (see www.itfglobal.org/press-area/index.cfm/pressdetail/1128).

According to the ITF it and the similar Vaxholm/Laval case come at a time when the enlarged European Union is engaged in a critical debate on its future direction, in particular the balance it should strike between its economic and social development and how to preserve the fundamental values that have underpinned it over the past 50 years.

ENDS

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