industrial relations / european industrial relations - viking and laval cases: right to strike vs....

Coordinating the Network of EU Agencies 2015

Viking and Laval Cases:

right to strike vs. right of establishment /

freedom to provide services

Christian Welz _ Dublin, 17 April 2015

[email protected]

3 grand principles of EU law

• direct applicability

• direct effect

• supremacy


• direct applicability =

• EU law may become part of the national law without intervention of the national parliaments

– case for all EC regulations

– NOT the case for directives and the Treaties

– e.g. the Treaty of Lisbon

– had to be ratified according to the national practices of the 28 Member States (i.e. either by referenda or votes by the legislator)

Direct applicability

MSlegal/nat. persons

International law

Direct applicability

MSlegal / nat. persons

EU law


• direct effect =

• EU law may generate rights on which individuals can rely

before domestic courts

– all regulations, and, exceptionally, for directives

• EUJ criteria for primary EU law:

– a) clear and precise

– b) unconditional

– c) capable of producing rights for individuals

– e.g. articles 30, 39, 49, 101, 110, 157, 294 TFEU


• supremacy =

–EU ‘breaks’ national law, even national

constitutional law

–national administrations and courts must not

apply national law in breach of EU Law


Viking / Laval Cases – legal issues


Viking Case - facts


Viking Case - employers’ view


Viking Case - trade unions’ view


Viking Case - judgment


Laval Case - facts


Laval Case - judgment