Viking Line ABP v International Transport Workers' Federation & Anor [2005] EWHC 1222 (Comm) (16 June 2005)

Viking Line ABP v International Transport Workers' Federation & Anor [2005] EWHC 1222 (Comm) (16 June 2005)

The court finds that the coordinated actions of ITF and FSU, including the issuance of the ITF Circular and threatened industrial action, were intended to restrict Viking's ability to reflag the Rosella, negotiate with non-Finnish unions, and employ non-Finnish crew. Such conduct, if carried out, would contravene Viking's rights under Articles 43 and 39 EC and Regulation 4055/86/EEC. Injunctive and declaratory relief is warranted to prevent unlawful interference with Viking's exercise of EC law rights.

Citation
[2005] EWHC 1222 (Comm)
Parties
Claimant: Viking Line Abp; 1st Defendant: The International Transport Workers' Federation; 2nd Defendant: The Finnish Seamen's Union
Jurisdiction
England and Wales
Judgment Date
16 June 2005
Procedural Posture
Commercial Court Trial / Final Judgment
Outcome
Injunction and declaratory relief granted
Legal Topics
Freedom of Establishment, Free Movement of Workers, Collective Bargaining, Industrial Action, Flags of Convenience, Injunctions
European Union Law Labour Law Commercial Law Freedom of Establishment Free Movement of Workers Collective Bargaining Industrial Action Flags of Convenience +1 more

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Parties

Viking Line Abp

Claimant

The International Transport Workers' Federation

1st Defendant

The Finnish Seamen's Union

2nd Defendant

Procedural Posture

Commercial Court Trial / Final Judgment

Legal Issues

  1. 1 Whether actions by ITF and FSU to prevent or restrict Viking from reflagging the Rosella, negotiating with non-Finnish unions, or employing non-Finnish crew contravene EC law (Articles 43, 39, Regulation 4055/86)
  2. 2 Whether injunctive and declaratory relief should be granted to restrain ITF and FSU from industrial action or boycotts

Ratio Decidendi

The court finds that the coordinated actions of ITF and FSU, including the issuance of the ITF Circular and threatened industrial action, were intended to restrict Viking's ability to reflag the Rosella, negotiate with non-Finnish unions, and employ non-Finnish crew. Such conduct, if carried out, would contravene Viking's rights under Articles 43 and 39 EC and Regulation 4055/86/EEC. Injunctive and declaratory relief is warranted to prevent unlawful interference with Viking's exercise of EC law rights.

Court Disposition

Injunction and declaratory relief granted

Orders

  • ITF to revoke the circular and inform affiliates they are free to negotiate with Viking
  • ITF to issue a press release confirming affiliates' freedom to negotiate