Viking Line ABP v International Transport Workers' Federation & Anor

Viking Line ABP v International Transport Workers' Federation & Anor

The anticipated actions of the ITF and FSU, including enforcement of ITF policy and threatened industrial action, constitute unlawful restrictions on Viking's freedom of establishment under Article 43 EC. Such restrictions are directly discriminatory, not objectively justified by public policy or fundamental rights, and Article 43 EC applies horizontally to trade unions. The English court has mandatory jurisdiction and is entitled to grant injunctive relief.

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 Action / Final Judgment After Trial
Outcome
Permanent injunctions and declarations granted in favour of Viking Line Abp
Legal Topics
Freedom of Establishment, Industrial Action, Collective Bargaining, Jurisdiction Under Brussels Regulation, Horizontal Direct Effect, Discrimination on Grounds of Nationality
European Union Law Labour Law Commercial Law Conflict of Laws Freedom of Establishment Industrial Action Collective Bargaining Jurisdiction Under Brussels Regulation +2 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 Action / Final Judgment After Trial

Legal Issues

  1. 1 Whether the anticipated actions of the ITF and FSU constitute unlawful restrictions on Viking's freedom of establishment under Article 43 EC
  2. 2 Whether the English court should decline jurisdiction on grounds of comity
  3. 3 Whether Article 43 EC has horizontal direct effect against trade unions

Ratio Decidendi

The anticipated actions of the ITF and FSU, including enforcement of ITF policy and threatened industrial action, constitute unlawful restrictions on Viking's freedom of establishment under Article 43 EC. Such restrictions are directly discriminatory, not objectively justified by public policy or fundamental rights, and Article 43 EC applies horizontally to trade unions. The English court has mandatory jurisdiction and is entitled to grant injunctive relief.

Court Disposition

Permanent injunctions and declarations granted in favour of Viking Line Abp

Orders

  • ITF to revoke its circular and inform affiliates they are free to negotiate CBAs with Viking
  • ITF to issue a press release confirming revocation