An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction.
Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international Trade Union concerned with a ferry running between Finland and Estonia should be litigated.’ The questions of European Law would require clarification by the European Court, and a referral was made. The claimant feared delay at the European and pressed for interim relief. The court said that where as here damages ‘are not likely to be an adequate remedy for either party, and where the nature of the case is as I have described, it seems to me that in assessing the balance of convenience and the holding of the ring the merits and strengths of Viking’s case has considerable relevance.’ To continue the injunction however would be to give the claimants the only remedy they needed, and to anticipate the finding of the European Court. The injunction was discharged.
Judges:
Waller, Mummery, Tuckey LJJ
Citations:
[2005] EWCA Civ 1299
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Viking Line Abp v International Transport Workers’ Federation and Another ComC 16-Jun-2005
The claimant sought an injunction against the respondent international union of trades unions to restrain industrial action intended to prevent its transfer of registration of a ferry plying between Finland and Estonia to Estonia. It sought also a . .
Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .
Cited – Regina v Secretary of State for Transport, ex parte Factortame (No 2) HL 11-Oct-1990
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was . .
Cited – Garden Cottage Foods Ltd v Milk Marketing Board HL 1984
In English law a breach of statutory duty, is actionable as such by a private individual to whom loss or damage is caused by a breach of that duty. Lord Diplock said that it was quite unarguable: ‘that if such a contravention of Article 86 gives . .
Cited – Regina v Secretary of State for Trade and Industry Ex Parte Trades Union Congress CA 17-Oct-2000
Where a court referred an issue to the European Court, it was for that court in its discretion to decide whether interim relief might be granted, and an appellate court should not normally interfere in that exercise. The considerations for such a . .
Cited – Albany International BV v Stichting Bedrijfspensioenfonds Textielindustrie ECJ 21-Sep-1999
ECJ Compulsory affiliation to a sectoral pension scheme – Compatibility with competition rules – Classification of a sectoral pension fund as an undertaking. . .
Cited – Pavel Pavlov and Others v Stichting Pensioenfonds Medische Specialisten ECJ 12-Sep-2000
Europa Compulsory membership of an occupational pension scheme – Compatibility with competition rules – Classification of an occupational pension fund as an undertaking. . .
Cited – Commission v France (Judgment) ECJ 4-Apr-1974
Europa The commission, in the exercise of the powers which it has under articles 155 and 169 of the treaty, does not have to show the existence of a legal interest, since, in the general interest of the . .
Cited – Eugen Schmidberger, Internationale Transporte und Planzuge v Republic of Austria ECJ 12-Jun-2003
An environmental group organised a demonstration which blocked a motorway affecting the free movement of goods. The claimant haulage company complained that the respondent government had failed to prevent the blockage for many hours causing it . .
Cited – Hendrik van der Woude v Stichting Beatrixoord ECJ 21-Sep-2000
Competition – Community rules – Matters covered – Collective agreements in pursuit of social policy objectives – Collective agreement concerning sickness insurance and requiring an employer to pay employer contributions only to the insurers selected . .
Cited – B N O Walrave And L J N Koch v Association Union Cycliste Internationale, Koninklijke Nederlandsche Wielren Unie Et Federacion Espanola Ciclismo ECJ 12-Dec-1974
ECJ The practice of sport is subject to community law only in so far as it constitutes an economic activity within the meaning of article 2 of the Treaty. The prohibition of discrimination based on nationality in . .
Cited – J C J Wouters, J W Savelbergh and Price Waterhouse Belastingadviseurs BV v Algemene Raad van de Nederlandse Orde van Advocaten, intervener: Raad van de Balies van de Europese Gemeenschap ECJ 19-Feb-2002
ECJ Professional body – National Bar – Regulation by the Bar of the exercise of the profession – Prohibition of multi-disciplinary partnerships between members of the Bar and accountants – Article 85 of the EC . .
Cited – Union Royale Belge des societes de Football Association and others v Bosman and others ECJ 15-Dec-1995
bosmanECJ1995
A request for the Court to order a measure of inquiry under Article 60 of the Rules of Procedure, made by a party after the close of the oral procedure, can be admitted only if it relates to facts which may have a decisive influence and which the . .
Cited – Roman Angonese v Cassa di Risparmio di Bolzano SpA ECJ 6-Jun-2000
Europa Under the preliminary ruling procedure provided for by Article 177 of the Treaty (now, after amendment, Article 234 EC), it is for the national courts alone, which are seised of a case and which must . .
Cited – Societe Anonyme De Droit Francais Seco Et Societe Anonyme De Droit Francais Desquenne and Giral v Etablissement D’Assurance Contre La Vieillesse Et L’Invalidite. ECJ 3-Feb-1982
Europa Article 59 and the third paragraph of article 60 of the eec treaty entail the abolition of all discrimination against a person providing a service on the grounds of his nationality or the fact that he is . .
Cited – Rush Portuguesa Ld v Office National d’immigration ECJ 27-Mar-1990
ECJ Articles 59 and 60 of the EEC Treaty and Articles 215 and 216 of the Act of Accession of Portugal must be interpreted as meaning that an undertaking established in Portugal providing services in the . .
Cited – Jean-Claude Arblade, Arblade and Fils SARL v Bernard Leloup, Serge Leloup, Sofrage SARL ECJ 23-Nov-1999
ECJ Freedom to provide services – Temporary deployment of workers for the purposes of performing a contract – Restrictions. . .
Cited – Unison v United Kingdom ECHR 2002
(Third Chamber) The freedom of association under Article 11 of the ECHR did not include a right for a union to require ‘that an employer enter into or remain in any collective bargaining arrangement’.
‘The Court recalls that, while Article 11 . .
Cited – Andre Mazzoleni v Inter Surveillance Assistance SARL, as the party civilly liable; third parties: Eric Guillaume and Others ECJ 15-Mar-2001
Europa Freedom to provide services – Temporary deployment of workers for performance of a contract – Directive 96/71/EC – Guaranteed minimum.
A French company, ISA provided security services in France and . .
Cited – Finalarte Sociedade de Construcao Civil Ld, Portugaia Construcoes and Engil Sociedade de Construcao Civil SA v Urlaubs-und Lohnausgleichskasse der Bauwirtschaft etc ECJ 25-Oct-2001
ECJ Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 60 of the Treaty (now Article 50 EC) do not preclude a Member State from imposing national rules guaranteeing entitlement to paid . .
Lists of cited by and citing cases may be incomplete.
European, Employment
Updated: 04 July 2022; Ref: scu.231672
