ECJ deals new blow against right to strike

The European Court of Justice (ECJ) has issued another ruling that undermines unions’ fundamental right to take industrial action by balancing it against employers’ rights.

In 2004, Latvian building company Laval won a contract to build a school in Sweden, for which it brought in Latvian workers. The Swedish building union Byggnads blockaded the firm in an attempt to get it to sign a collective agreement and bring their wages paid up to Swedish levels.

Laval took the union to the Swedish labour court, which found that the union’s action was legal under Swedish law. It then took the case to the ECJ, arguing that the Swedish judgement violated European rights concerning the free circulation of services.

Echoing its ruling in the recent Viking case (see Labour Research, January 2008), the court held that the right to take collective industrial action is a fundamental right — but that it must not go beyond what is suitable for attaining its objectives.

Furthermore, the ECJ said, action that aims to give workers more protection than is given by the Posted Workers Directive in situations where there is no clearly defined national law cannot be justified.

Laval un Partneri Ltd v Svenska Byggnadsarbetareförbundet and others Case C-341/05