ITWF V Viking Line ABP
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ITWF V Viking Line ABP
''The Rosella'' or ''International Transport Workers Federation v Viking Line ABP'' (2007C-438/05is an EU law case, relevant to all labour law within the European Union, including UK labour law, which held that there is a positive right to strike. However, it also held that the right to strike could infringe a business's freedom of establishment under the Treaty on the Functioning of the European Union article 49 (ex Article 43 TEC). The decision has been criticised for the Court's inarticulate line of reasoning, and its disregard of fundamental human rights. ''The Rosella'' was shortly followed by a case on freedom to provide services called ''Laval Un Partneri Ltd v Svenska Byggnadsarbetareforbundet'', and by the influential European Court of Human Rights decision in ''Demir and Baykara v Turkey''. Facts Viking Line ABP operated a ship called ''The Rosella'' between Estonia and Finland. It wanted to operate under the Estonian flag so that it could use Estonian workers on low ...
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European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national c ...
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Treaty On The Functioning Of The European Union
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishing the European Community (TEC). The Treaty originated as the Treaty of Rome (fully the ''Treaty establishing the European Economic Community''), which brought about the creation of the European Economic Community (EEC), the best-known of the European Communities (EC). It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany and came into force on 1 January 1958. It remains one of the two most important treaties in the modern-day European Union (EU). Its name has been amended twice since 1957. The Maastricht Treaty of 1992 removed the word "economic" from the Treaty of Rome's official title and, in 2009, the Treaty of Lisbon renamed it the "Treaty on the Functioning of the European Union". F ...
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High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at first instance with all high value and high importance civil law (non- criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the Chancery Division and the Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to another where appropriate. The differences of procedure and practice between divisions are partly historical, derived from the separate courts which were merged in ...
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Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); ''Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); '' Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. ...
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Industrial Action
Industrial action (British English) or job action (American English) is a temporary show of dissatisfaction by employees—especially a strike or slowdown or working to rule—to protest against bad working conditions or low pay and to increase bargaining power with the employer and intended to force the employer to improve them by reducing productivity in a workplace. Industrial action is usually organized by trade unions or other organised labour, most commonly when employees are forced out of work due to contract termination and without reaching an agreement with the employer. Quite often it is used and interpreted as a euphemism A euphemism () is an innocuous word or expression used in place of one that is deemed offensive or suggests something unpleasant. Some euphemisms are intended to amuse, while others use bland, inoffensive terms for concepts that the user wishes ... for strike or mass strike, but the scope is much wider. Industrial action may take place in th ...
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Finnish Seamen's Union
The Finnish Seafarers' Union (FSU, formerly known as Finnish Seamen's Union; fi, Suomen Merimies-Unioni, SMU) is a trade union representing maritime and inland waterway transport workers in Finland. The Helsinki Seamen's and Firemen's Union was founded in 1916, and from 1920, it was known as the Finnish Seamen's and Firemen's Union, covering the whole country. It was banned in 1930, but a group of socialist trade unionists immediately founded a new union of the same name, and so the union considers its history to be continuous from 1916. In 1934, it joined the Finnish Federation of Trade Unions (SAK). In 1938, Niilo Wälläri was elected as the union's president, known for his advocacy of industrial action. Under his leadership the union secured a closed shop for the Finnish Merchant Navy. The union's membership grew, reaching 6,805 by 1955, but in 1956 it resigned from the SAK. Three years later, it was a founding affiliate of the rival Finnish Trade Union Federation (SAJ), ...
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International Transport Workers Federation
The International Transport Workers' Federation (ITF) is a democratic global union federation of transport workers' trade unions, founded in 1896. In 2017 the ITF had 677 member organizations in 149 countries, representing a combined membership of 19.7 million transport workers in all industrial transport sectors: civil aviation, dockers, inland navigation, seafarers, road transport, railways, fisheries, urban transport  and tourism. The ITF represents the interests of transport workers' unions in bodies that take decisions affecting jobs, employment conditions or safety in the transport industry. Organisation The ITF works to improve the lives of transport workers globally, encouraging and organising international solidarity among its network of affiliates. The ITF is allied with the International Trade Union Confederation (ITUC). Any independent trade union with members in the transport industry is eligible for membership of the organization. The ITF represents the interests ...
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Estonian Flag
The flag of Estonia ( et, Eesti lipp) is a tricolour featuring three equal horizontal bands of blue (top), black (middle), and white (bottom). In Estonian it is colloquially called the (). The tricolour was already in wide use as the symbol of Estonia and Estonians when the country gained independence in 1918. Formally, the became the national flag by the decision of the Estonian Provisional Government on 21 November 1918, and the flag's official status was reconfirmed by a law on 16 July 1922. The tricolour was used as the national flag until June 1940 when the Soviet Union invaded and occupied Estonia. After the annexation of Estonia by the Soviet Union in August 1940, the use of the national tricolour and its blue, black and white colour combination was banned and punishable by law in the Soviet Union. The national flag was from 1940 until 1991 continuously used by the Estonian government-in-exile, diplomatic service, and the diaspora of Estonian refugees around the world ...
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Finland
Finland ( fi, Suomi ; sv, Finland ), officially the Republic of Finland (; ), is a Nordic country in Northern Europe. It shares land borders with Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of Bothnia to the west and the Gulf of Finland across Estonia to the south. Finland covers an area of with a population of 5.6 million. Helsinki is the capital and largest city, forming a larger metropolitan area with the neighbouring cities of Espoo, Kauniainen, and Vantaa. The vast majority of the population are ethnic Finns. Finnish, alongside Swedish, are the official languages. Swedish is the native language of 5.2% of the population. Finland's climate varies from humid continental in the south to the boreal in the north. The land cover is primarily a boreal forest biome, with more than 180,000 recorded lakes. Finland was first inhabited around 9000 BC after the Last Glacial Period. The Stone Age introduced several differ ...
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Estonia
Estonia, formally the Republic of Estonia, is a country by the Baltic Sea in Northern Europe. It is bordered to the north by the Gulf of Finland across from Finland, to the west by the sea across from Sweden, to the south by Latvia, and to the east by Lake Peipus and Russia. The territory of Estonia consists of the mainland, the larger islands of Saaremaa and Hiiumaa, and over 2,200 other islands and islets on the eastern coast of the Baltic Sea, covering a total area of . The capital city Tallinn and Tartu are the two largest urban areas of the country. The Estonian language is the autochthonous and the official language of Estonia; it is the first language of the majority of its population, as well as the world's second most spoken Finnic language. The land of what is now modern Estonia has been inhabited by '' Homo sapiens'' since at least 9,000 BC. The medieval indigenous population of Estonia was one of the last " pagan" civilisations in Europe to adopt Ch ...
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Viking Line
Viking Line Abp is a Finnish shipping company that operates a fleet of ferries and cruiseferries between Finland, the Åland Islands, Sweden and Estonia. Viking Line shares are quoted on the Helsinki Stock Exchange. Viking Line is operated from Åland. Company history Early years: 1959–1966 Viking Line's history can be traced back to 1959, when a group of sea- and businessmen from the Åland Islands province in Finland formed Rederi Ab Vikinglinjen, purchased a steam-powered car-ferry SS ''Dinard'' from the UK, renamed her and began service on the route Korpo (Finland)–Mariehamn (Åland)– Gräddö (Sweden).Viking Line: 40 Years of Ferry Service
retrieved 12. 10. 2007
Eliasson, Thor-Alf: ''Viking Line i backspegeln''. Mariehamns Tryckeri/Viking Line 2005. No ISB ...
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Demir And Baykara V Turkey
''Demir and Baykara v Turkey'' 008ECHR 1345is a landmark European Court of Human Rights case concerning Article 11 ECHR and the right to engage in collective bargaining. It affirmed the fundamental right of workers to engage in collective bargaining and take collective action to achieve that end. Facts Mr Vemal Demir was a member, and Mrs Vicdan Baykara was the president, of the Turkish trade union for civil servants, Tüm Bel Sen. The union signed a two-year collective agreement in 1993, but the employer, the Gaziantep Municipal Council did not comply with its provisions. Demir and Baykara brought proceedings in the District Court, and won their claim. However, on appeal the Court of Cassation quashed the decision. This Court held there was a right to join a union, but the union itself had "no authority to enter into collective agreements as the law stood". The matter was then remitted to the District Court, which in defiance restated its view that Demir and Baykara did have a r ...
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