Διεθνείς Οργανώσεις (εργατικές)

As put forward before the Court, the European Trade Union Confederation (ETUC) and Swedish unions are convinced that the industrial action taken and the Swedish model of industrial bargaining is in full conformity with the principles and requirements of EC law. They are also firm believers in the principles of non-discrimination and in the principle of equal pay for equal work.

The right of workers and their organisations to negotiate industrial agreements - and to take industrial action in cases of conflict - is a fundamental right, enshrined in international conventions, including the EU Charter of Fundamental Rights and the European Constitution. These rights are not limited by the rules relating to the free movement of services nor by those relating to the right of establishment in the EU. Trade unions are also entitled to take industrial action in order to secure the fundamental principle of equal pay for equal work.

Moreover, the use of industrial agreements to implement EU legislation was accepted at the time of SwedenΆs accession in 1995 - as was acknowledged by the European Commission in its submission to the ECJ in January 2006. The trade union movement is committed to a labour market model based on principles of openness, equality and flexibility. As was made clear to the ECJ today, our overriding aim is to prevent inequality between European workers.

The European Commission must submit its views on the case to the ECJ before the end of April. The ETUC has written to Commission President José Manuel Barroso calling for a carefully “balanced approach” that reflects its obligation to promote social dialogue and the basic social rights laid down in the Charter of Fundamental Rights.

In 2003, the Finnish Viking shipping line decided that it could gain a competitive advantage by re-flagging its passenger and cargo ferry Rosella, operating between Helsinki and Tallinn in the Baltic Sea, as an Estonian vessel, and replacing the crew with lower-paid seafarers. Dissatisfied with how the situation was resolved in Finland, Viking subsequently went to court in England seeking an injunction to prevent the Finnish Seamen's Union (FSU) taking industrial action at some time in the future in order to protect its memberΆs jobs. Viking also sought to prevent the International Transport WorkersΆ Federation (ITF) in the future from calling on its affiliate members to show solidarity to the FSU. Viking was able to bring its action in the English court only because the ITF has its Secretariat in London.

“This case represents a mirror image of the Laval (or Vaxholm) case in Sweden, which attracted a lot of public attention and concern,” said ETUC General Secretary John Monks. “The potential legal, political and social repercussions of these cases go far beyond the Finnish and Swedish social models and will affect labour relations throughout Europe.”

The stated aim of the employers in these cases is to undermine successful social models and shift the balance of power between the social partners in countries where trade unions have a recognised role in defending workers' interests. The right to collective action lies at the heart of the Nordic social model, a model that is shared by some of the most competitive economies in the world. A finding in favour of the employers would have a damaging impact in parallel circumstances in Germany, France and many other EU Member States.

The ETUC is not opposed to the development of the internal market, or the free movement of goods, capital, services and workers. Nor does it promote protectionism. On the contrary, it seeks a level playing field between Member States, based on fair treatment and upward harmonisation of workers' rights and conditions.

The Commission's submission to the ECJ and the outcome of this case, is of great political importance to the future direction of the EU and to trade union and public support for Europe. As to the right to collective action, it is a legitimate expectation that also the Commission would respect the international commitments of all the Member States, notably to the International Labour Organisation (ILO)Ά s core Conventions. They bind also the Member States of the EU.