International Transport Workers’ Federation v. Viking Line ABP
European Court of Justice
C-438/05 (2007)
- Written by Miller Jozwiak, JD
Facts
The International Transport Workers’ Federation and the Finnish Seamen’s Union (unions) (defendants) represented workers on the crew of the Rosella ferry, owned by Viking Line APB (Viking) (plaintiff). The unions sought to protect against ships using flags of convenience, meaning ships flying under the flags of countries with cheaper labor to save on costs. Viking sought to reflag the Rosella from Finland to Estonia to save costs with a lower-paid crew. The unions responded by threatening strikes if the Rosella did not continue to comply with Finnish labor law. Viking sued in United Kingdom court to enjoin any collective action. English courts referred the case to the European Court of Justice for a preliminary ruling on the implications under the Treaty on the Functioning of the European Union (TFEU). Specifically, the issue concerned whether the unions’ proposed collective action would infringe Viking’s rights under Article 49 of the TFEU, which guaranteed freedom of establishment (i.e., being able to go from one European Union member state to another and establish a business).
Rule of Law
Issue
Holding and Reasoning ()
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