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European Observer on fundamental right's respect

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Case Law C-438/05 (23/05/2007)

Type: Other

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 05/23/2007

Subject: The Adovcate General maintains that collective action taken by a trade union or association of trade unions which seeks to promote the objectives of the Community’s social policy, is not, for that reason alone, exempted from the application of Article 43 EC and the Council Regulation (EEC) No 4055/86. In particular, Article 43 EC does not preclude a trade union or an association of trade unions from taking collective action which has the effect of restricting the right of establishment of an undertaking that intends to relocate to another Member State, in order to protect the workers of that undertaking. It is for the national court to determine whether such an action is lawful in the light of the applicable domestic rules. Article 43 EC precludes, however, a coordinated policy of collective action by a trade union and an association of trade unions which, by restricting the right to freedom of establishment, has the effect of partitioning the labour market and impeding the hiring of workers from certain Member States in order to protect the jobs of workers in other Member States.

Parties: The International Transport Workers’ Federation e The Finnish Seamen’s Union c/ Viking Line ABP e OÜ Viking Line Eesti

Classification: Freedoms - Art. 12 Freedom of association - Art. 15 Right of establishment - Solidarity - Art. 28 Rights of workers, employers and their organisations: collective agreements - Rights of workers, employers and their organisations: strike

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Notices: Effectiveness of the Charter
The Advocate General stresses that the rights to associate and to collective action are of fundamental character within the Community legal order, and refers to the Charter of fundamental rights of the European Union, but without specifying its legal value