02 June 2008

Life after the European Court Cases

Following the Viking and Laval judgments from the European Court of Justice we now have the decision in Rüffert and once again human rights and fundamental freedoms for workers have lost out to business rights in the EU. Perhaps “Justice” should finally be removed from the title of the Court.

Meanwhile, in the High Court in London, the Balpa withdrew their case on the third day of a hearing that started on 18 May 2008.

The background was the British Airline Pilots’ objection to British Airways plan to set up OpenSkies – a new airline subsidiary that will fly from European cities to the US, using a pilot workforce separate from its mainline operations and that the union thought could act as a “Trojan horse” to drive down conditions throughout the airline.

An overwhelming majority of BA’s 3,200 pilots voted in favour of a strike over BA’s plans. But BA say that even if the strike is lawful under UK law having surmounted all the hurdles, the union can still be stopped or sued successfully for every penny in lost business, because – on the back of the ECJ cases - the strike would breach the EU’s right to business to provide services where it wants under article 43 or 49.

The union felt obliged to apply to check with the court that its action is lawful under EU law and ask the Judge to say if he thinks it is “proportionate”.

Now they have decided the prospect of a long drawn out case and series of appeals might be too costly and the result may still put them in the position where they have no protection from being sued for BA’s losses in the event of a strike.

The union have confirmed they will not now go ahead with the intention to take legal action, because they cannot afford the consequences of the courts finding against them. Anyone who might have doubted the impact of the Laval case, when it came out in December, should have no illusions now.

Further information

• Read press release from Balpa



• Read previous articles on Viking and Laval cases



• ETUC Briefing: 'The Rüffert case'



• ETUC Article: 'Rüffert case: ETUC warns that ECJ’s judgement is destructive and damaging'

United Campaign to Repeal the Anti Trade Union Laws, 39 Chalton Street, London, NW1 1JD | info@unitedcampaign.org.uk