The Viking case

Abstract

The decision of 3 November 2005 of the Court of Appeal in London in the Viking case, which it referred to the European Court of Justice, is of crucial importance in terms of indicating a direction for the future of the European social model. The issue involved is whether, and to what extent, industrial action by unions in order to prevent the imposition of very low wage rates is permissible when ships are transferred to flags of convenience within Europe. The relationship between rights of economic freedom of movement under the EC Treaty and collective freedom of activity for workers within the framework of their freedom of association has not as yet been definitively settled. Guarantees of transnational economic activity were assigned a prominent role in the EC Treaty from the outset, while the fundamental social rights of workers have acquired increased recognition in the EU only in the past 20 years. The success of European integration is dependent on effective limits for economic freedom being able to be set.