Viking, Laval, Rüffert and Luxembourg
The European Court of Justice (ECJ) delivered
decisions in these four cases between 11 December 2007 and 19 June
2008. The cases give clear precedence to freedom for business
in the EU over fundamental collective and trade union
rights.
Although the cases have a cross-border
element, if the decisions are allowed to stand, they will sanction
social dumping, undermine collective agreements and prevent trade
unions from taking industrial action to protect members’ terms and
conditions. Businesses can restructure, and have, to create a
cross border element so as to take advantage of freedom for them to
move goods and services, capital and even workers in the
EU.
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By Derek Simpson, Joint General Secretary
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