2017/13 A Supreme Court decision on the collective agreement exemption from competition law, freedom of establishment, and the lawfulness of a notified boycott (NO)

This case report concerns the lawfulness of a notified boycott against Holship Norge AS (‘Holship’) by the Norwegian Transport Workers’ Union (‘NTF’). In its decision, the Supreme Court considered whether the collective agreement exemption from competition law could be applied, and whether the boycott was unlawful pursuant to the right to freedom of establishment established by Article 31 of the EEA Agreement, cf. Article 101 of the Constitution and Article 11 of the European Convention on Human Rights.The boycott would prevent Holship’s staff from loading and unloading ships docked at the Port of Drammen. NTF’s purpose was to force Holship to enter into a collective agreement containing a priority of engagement clause, reserving loading and unloading work for dockworkers associated with the Administration Office for Dock Work in Drammen. The majority of the plenary Supreme Court found (10-7) that such boycott would be unlawful pursuant to section 2 of the Boycott Act. The dissent concerns the EEA rules.

2017/13 A Supreme Court decision on the collective agreement exemption from competition law, freedom of establishment, and the lawfulness of a notified boycott (NO)

This case report concerns the lawfulness of a notified boycott against Holship Norge AS (‘Holship’) by the Norwegian Transport Workers’ Union (‘NTF’). In its decision, the Supreme Court considered whether the collective agreement exemption from competition law could be applied, and whether the boycott was unlawful pursuant to the right to freedom of establishment established by Article 31 of the EEA Agreement, cf. Article 101 of the Constitution and Article 11 of the European Convention on Human Rights.The boycott would prevent Holship’s staff from loading and unloading ships docked at the Port of Drammen. NTF’s purpose was to force Holship to enter into a collective agreement containing a priority of engagement clause, reserving loading and unloading work for dockworkers associated with the Administration Office for Dock Work in Drammen. The majority of the plenary Supreme Court found (10-7) that such boycott would be unlawful pursuant to section 2 of the Boycott Act. The dissent concerns the EEA rules.

2017/12 Court of Appeal rejects argument that Christmas strikes are unlawful under EU law (UK)

The Court of Appeal has confirmed that industrial action called with the object or purpose of infringing the cross-border freedom to establish and receive services would be unlawful. It rejected the argument that industrial action would be unlawful if it made it unattractive for foreign companies to operate in the UK or if cross-border services might potentially be disrupted. These wider tests would be inconsistent with European case law on the Treaty on the Functioning of the European Union (‘TFEU’) and would be incompatible with proper protection of the right to strike.

2017/12 Court of Appeal rejects argument that Christmas strikes are unlawful under EU law (UK)

The Court of Appeal has confirmed that industrial action called with the object or purpose of infringing the cross-border freedom to establish and receive services would be unlawful. It rejected the argument that industrial action would be unlawful if it made it unattractive for foreign companies to operate in the UK or if cross-border services might potentially be disrupted. These wider tests would be inconsistent with European case law on the Treaty on the Functioning of the European Union (‘TFEU’) and would be incompatible with proper protection of the right to strike.

2016/40 The court has no jurisdiction to rule on the merits of an employer’s decision to make employees redundant (LI)

The Supreme Court of Lithuania recently affirmed that the courts have no competence to assess the merits of an employer’s decision to restructure and make staff redundant, as the decision was at the employer’s discretion to make.

2016/40 The court has no jurisdiction to rule on the merits of an employer’s decision to make employees redundant (LI)

The Supreme Court of Lithuania recently affirmed that the courts have no competence to assess the merits of an employer’s decision to restructure and make staff redundant, as the decision was at the employer’s discretion to make.

Case C-103/16. Maternity

On a proper construction of Article 10(1) of Directive 92/85, does the notion of ‘exceptional...

Case C-103/16. Maternity

On a proper construction of Article 10(1) of Directive 92/85, does the notion of ‘exceptional...

2015/53 Genuine or false self-employed substitutes? (NL)

In the terminoligy of the ECJ decision in the case FNV/Staat der Nederlandsen (C-413/13) self-employed substitutes must, according to the Court of Appeal, be regarded as ‘false self-employed’. For that reason, the collective labour agreement relating to musicians substituting for members of an orchestra setting out minimum fees for self-employed substitutes is excluded from the scope of national and EU competition law.

<p><strong>2015/53 Genuine or false self-employed substitutes? (NL)</strong></p>

In the terminoligy of the ECJ decision in the case FNV/Staat der Nederlandsen (C-413/13) self-employed substitutes must, according to the Court of Appeal, be regarded as ‘false self-employed’. For that reason, the collective labour agreement relating to musicians substituting for members of an orchestra setting out minimum fees for self-employed substitutes is excluded from the scope of national and EU competition law.