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International Transport Workers Federation v Viking Line ABP
''The Rosella'' or ''International Transport Workers Federation v Viking Line ABP'' () IRLR 143 ((C-438/05 )) is an EU law case, relevant to all labour law within the European Union, including UK labour law, which held that there is a positive right to strike. However, it also held that the right to strike must be exercised proportionately and in particular this right was subject to justification where it could infringe the right to freedom of establishment under the Treaty on the Functioning of the European Union article 49 (ex TEC article 43).
''ITWF v Viking Line ABP'' was shortly followed by another case on freedom to provide services called ''Laval Un Partneri Ltd v Svenska Byggnadsarbetareforbundet'',〔() IRLR 160, Case (341/05 ))〕 and by the influential European Court of Human Rights decision in ''Demir and Baykara v Turkey''.〔(2009) (48 EHRR 54 )〕
==Facts==
Viking Line ABP operated a ship called ''The Rosella'' between Estonia and Finland. It wanted to operate under the Estonian flag so that it could use Estonian workers on lower wages than the higher Finnish wages for the existing crew. The policy of the International Transport Workers Federation (ITWF) was to oppose such "reflagging" for convenience by companies registering their ship abroad in a low labour cost jurisdiction, when their real seat is in another country. The Finnish Seamen's Union, a member of the ITWF, planned industrial action. The ITWF told its partners to not negotiate with Viking and hinder its business. Viking Line ABP responded by seeking an injunction in the English courts, claiming that the industrial action would infringe its right to freedom of establishment under TEC art 43, now TFEU art 49.
The High Court of Justice granted the injunction, but the Court of Appeal of England and Wales overturned the injunction on the balance of convenience.〔See ''American Cyanamid Co v Ethicon Ltd'' () 1 All ER 504〕 It held that there were important issues of EU law to be heard, given that, in the words of Waller LJ, it affected the "fundamental rights of workers to take industrial action". So it made a TEC article 234 reference (now article 267) to the European Court of Justice.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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