Verkfall brýtur gegn frjálsri för

Á þessari síðu má lesa um nýlegan dóm ECJ, þar sem hann taldi að hótun verkalýðsfélags um að fara í verkfall, léti rekstraraðili ferju verða af því að skrá skipið í Eistlandi, til þess að geta ráðið Eistlendinga á skipið og sparað þannig launakostnað, gengi gegn staðfesturétti 43. gr. Rómarsáttmálans.

The Court held that Article 43 EC applies in such a case notwithstanding the fact that the right to strike is not a right regulated by EC law according to Article 137 EC and is recognized as a fundamental right.

Finally, the Court examined whether the restriction on the freedom of establishment was justified. It stated that it is for the referring national court to determine whether the objectives of the labor unions were in fact those of protecting workers. The Court did give some guidance on the matter. It held that although the protection of workers' rights was a matter of overriding public interest (see Joined Cases C-49/98, C-50/98, C-52/98 to C-54/98 and C-68/98 to C-71/98 Finalarte and Others, paragraph 33), the restriction on the freedom of establishment could not be justified if it were established that the jobs or conditions of employment at issue were not jeopardized or under serious threat. If, on the other hand there was a threat to jobs or conditions of employment, the threat of strike action must be proportionate to the aim of protecting them.