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“Cause for re-evaluation” in key trade union rights case
23 May 2007
The ITF has maintained that there is cause for re-evaluation of aspects of an opinion put forward in a key case in the European Court of Justice (ECJ) in Luxembourg today.
The opinion was delivered by ECJ Advocate General Miguel Poiares Maduro in the Viking case, which was referred by the Court of Appeal in London to the ECJ in November 2005. The case arose after the Finnish Seamen’s Union, backed by the ITF, threatened industrial action over Viking Line’s plans to reflag its Finnish vessel to Estonia and replace the crew with cheaper workers from that country.
Maduro expressed the view that trade unions could take collective action to dissuade a company from relocating within the community, as long as this did not partition the labour market along national lines or prevent a relocated company from providing services in another member state.
ITF General Secretary David Cockroft responded: “This is an interesting opinion for anyone studying the case. There are favourable and unfavourable elements. We welcome Senor Maduro’s championing of unions’ right to collective action, but believe that there is cause for re-evaluation 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 re-evaluate those that are not.”
The case will now continue and a judgement appears likely later this year.
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