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National remedies for EU unlawful industrial action. The Swedish case
Journal Title: GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI  
Author/s: Jonas Malmberg 
Year:  2011 Issue: 131 Language: Italian 
Pages:  14 Pg. 371-384 FullText PDF:  280 KB
DOI:  10.3280/GDL2011-131002
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The European Court of Justice has made clear that collective actions taken by trade unions might under certain circumstances violate the freedom of services and the right of establishment under the Treaty (Articles 56 and 49 TFEU). However, the Court has not addressed the question concerning what remedies are to be available against a trade union arranging such an "EU-unlawful" industrial action. This question was dealt with by the Swedish Labour Court (Arbetsdomstolen) in its final judgement in December 2009. The article discusses this judgement and presents an alternative understanding of the EU-law requirements on remedies for EU-unlawful industrial actions.
Keywords: Collective actions; Laval case; Remedies; Horizontal liability; Damages; Direct effect

Jonas Malmberg, National remedies for EU unlawful industrial action. The Swedish case in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 131/2011, pp. 371-384, DOI:10.3280/GDL2011-131002

   

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