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ITF wins in Court of Appeal

3 November 2005

ITF General Secretary David Cockroft described today’s judgement of the Court of Appeal in London 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 – as the ITF had urged. Further the Court dismissed the injunction imposed against the ITF and its affiliate 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 ETUC. 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.

On 16 June 2005, the Commercial Court in London found unlawful under European law the threat of industrial action by the FSU in response to the possible reflagging of the ferry ‘Rosella’ from Finland to Estonia so as to allow the shipowners to benefit from lower Estonian crew costs. The Court also found unlawful solidarity action shown to the FSU by other trade unions affiliated to the ITF. The Court had imposed a permanent injunction on the ITF and the FSU from taking any further such action.

In the judgement of the Court of Appeal delivered at 10:15 today, the Court ordered that:

The Order of the Honourable Mrs Justice Gloster dated 16 June 2005 be set aside.
The permanent injunction imposed by the lower court be lifted.
A series of questions set out in a Schedule to the judgement be referred to the ECJ for a preliminary ruling.

ENDS

For more information contact ITF press officer, Sam Dawson.
Direct line: + 44 (0)20 7940 9260.
Email: dawson_sam@itf.org.uk

International Transport Workers' Federation - ITF:
HEAD OFFICE
ITF House, 49 - 60 Borough Road, London SE1 1DS
Tel: + 44 (0) 20 7403 2733
Fax: + 44 (0) 20 7375 7871
Email: mail@itf.org.uk
Web: www.itfglobal.org

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