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
Publishing Year 2011 Issue 2011/131 Language Italian
Pages 14 P. 371-384 File size 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; <i>Laval</i> case; Remedies; Horizontal liability; Damages; Direct effect
Jonas Malmberg, I rimedi nazionali contro le azioni collettive intraprese in violazione del diritto dell’Unione. Il caso svedese in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 131/2011, pp 371-384, DOI: 10.3280/GDL2011-131002