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European Observer on fundamental right's respect

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Case Law C-438/05 (11/12/2007)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 12/11/2007

Subject: The Court ruled that collective action, initiated by a trade union or a group of trade unions against an undertaking in order to induce that undertaking to enter into a collective agreement, the terms of which are liable to deter it from exercising freedom of establishment, falls, in principle, within the scope of Article 43 EC. This action constitutes a restriction on freedom of establishment. That restriction may, in principle, be justified by an overriding reason of public interest, such as the protection of workers, provided that it is established that the restriction is suitable for ensuring the attainment of the legitimate objective pursued and does not go beyond what is necessary to achieve that objective. The national court shall ultimately evaluate that.

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

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

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Notices: Effectiveness of the Charter
The Court recalled the Charter of Nice, but without specifying its legal value.