Right to Establishment and Right to Collective Action: A “Viking Invasion” of English Courts?

This note briefly examines Case C-438/05 The International Transport Workers’ Federation and The Finnish Seamen’s Union v Viking Line ABP and OÜ Viking Line Eesti, the preliminary ruling delivered by the European Court of Justice (ECJ) on 11th December following a referral by the Court of Appeal of England and Wales. In particular, the author reflects on the fact that while the United Kingdom has just obtained an opt-out with regard to the application of Chapter IV of the Charter of Fundamental Rights of the European Union (the part of the Charter concerning Economic and Social rights) ironically, as a consequence of the ECJ’s decision, an English court will be called upon to establish a balance between the right of establishment and the right to collective action. The author also points out that from a comparative standpoint the case is of particular interest because in carrying out this balancing test the British court will be obliged, inter alia, interpret provisions of Finnish law.