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ITF wins in court of appeal
3 November 2005
The ITF has today secured a crucial win in the Court of Appeal in London, UK, lifting a high court injunction against it and its affiliate the Finnish Seamen’s Union (FSU) in relation to an action brought by ferry owner Viking Line.
The injunction was imposed by the Commercial Court in London against the ITF and the FSU in June. This was in response to the threat of industrial action protesting against plans to reflag one of the company’s vessels, the Rosella, from Finland to Estonia, in order to benefit from lower Estonian crew costs. The company also tried to prevent any possible solidarity action by ITF affiliates in support of the FSU.
ITF General Secretary David Cockroft described the judgement at the Court of Appeal as “a very satisfactory result - and the first step to a complete vindication of the right of trade unions to show international solidarity and provide legitimate support for their members”.
Setting aside the order of the Commercial Court, the three judges of the Court of Appeal unanimously agreed that the crucial question of the right of unions to take collective action in the face of the free movement provisions of the EC Treaty should be referred to the European Court of Justice (ECJ) – as the ITF had urged. Further the court dismissed the injunction imposed against the ITF and the FSU by the Commercial Court in June this year and refused to grant any interim relief against either the ITF or the FSU pending a decision of the ECJ.
David Cockroft commented: “This case raises major issues of the relationship between the rights of workers and the rights of employers under European law. The appeal court clearly understood this. Basic freedoms are at stake here.”
It is a matter of fundamental concern to all European workers as has already been recognised by John Monks, General Secretary of the European Trade Union Confederation. Had the judgement gone unchallenged, European Union law would have stood in conflict with the basic right of trade unions to do their central job of defending their members. The fight to protect their rights now goes on to the ECJ.
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