Sanctions and remedies for unlawful industrial action in the Nordic EU Member States. EU Law in context
Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Niklas Bruun
Publishing Year 2011 Issue 2011/131 Language Italian
Pages 19 P. 385-403 File size 312 KB
DOI 10.3280/GDL2011-131003
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The starting point for the article is that one relevant and important question when assessing the possible economic liability of the trade union for industrial actions that violate EU-law is the extent to which national law provides for effective remedies in these and similar cases on the national level. The purpose with the article is to examine what sanctions are available in different types of unlawful industrial action in order to assess whether these remedies can apply in a situation where the unlawfulness of the action exclusively can be found in EU-law as was the case in the so called Viking and Laval cases. The author first gives a general background for the situation in the Nordic countries; he then examines the situation in Denmark, Finland and Sweden more specifically. The conclusion is that effective remedies seem to be in place on a national level in a situation of breech of EU law.
Keywords: Industrial action; Breach of EU law; Peace obligation; Sanctions and remedies; Damages; Punitive damages
Niklas Bruun, Sanzioni e rimedi per azioni collettive illegittime negli Stati membri del Nord Europa. Il diritto dell’Unione europea <i>in context</i> in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 131/2011, pp 385-403, DOI: 10.3280/GDL2011-131003