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Freedom of movement: Balance between freedoms to be considered by ECJ

This report relates to 1 case(s)

  • expand disabled

    Viking Line ABP and another v International Transport Workers' Federation and another [2006] IRLR 58 CA (0 other reports)

Key points

In International Transport Workers' Federation and another v Viking Line ABP and another [2005] EWCA (Civ) 1299, the Court of Appeal holds:

  • The High Court had been wrong to grant permanent injunctions to Viking Line APB to restrain the International Transport Workers' Federation and the Finnish Seamen's Union from taking industrial action to attempt to prevent the re-flagging of a Finnish ferry to Estonia.
  • There were complex issues to be considered in balancing the freedom of movement and freedom of establishment provisions of EU law with the social policies behind the freedom of association, and it was not clear that one ousted the other.