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European Observer on fundamental right's respect

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Case Law C-341/05 (18/12/2007)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 12/18/2007

Subject: The Court ruled that collective action by which a trade union attempts to force a service provider established in another Member State to enter into negotiations on pay and to sign a collecive agreement constitutes a restriction on the freedom to provide services, which is not justified with regard to the public interest of protecting workers.

Parties: Laval un Partneri Ltd c/ Svenska Byggnadsarbetarförbundet e a.

Classification: Freedoms - Art. 15 Freedom to provide services - Solidarity - Art. 28 Rights of workers, employers and their organisations: collective agreements - Rights of workers, employers and their organisations: collective actions

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Notices: Effectiveness of the Charter
The Court recalled the Charter of Nice among the international instruments recognising the right to take collective action. In particular, the Court recalled Article 28 of the Charter to underline that this right is to be protected in accordance with Community law and national law and practices.