Case C-438/05, Viking
C-438/05, Viking (The International Transport Workers' Federation
and The Finnish Seamen's Union), judgment of 11
December 2007 ECR 2007 p. I-10779 http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en&Submit=Rechercher&alldocs=alldocs&docj=docj&docop=docop&docor=docor&docjo=docjo&numaff=C-438/05&datefs=&datefe=&nomusuel=&domaine=&mots=&resmax=100
Identified should be:
● The parties of the case
● The subject of the case
● The structure of Free Movement cases:
-Element of
EU law
-Does the
case fall under EU free movement law?
-Which free
movement rights are restricted?
-Does a Treaty Article apply directly against a private legal entity?
-Is the
restriction distinctive or indistinctive / discriminatory or
non-discriminatory?
-Is the
restriction justified?
-Is the
restriction proportionate?
-Is the
restriction necessary in a democratic society?
● What did the ECJ decide?
● Link to human rights in the case
● Importance of the case against the background of human rights’ protection
What were the values weighed by the ECJ in this case?
(How) should the right of collective action and freedom of establishment be balanced?
In this case, was a restriction of a fundamental freedom of the EU justified by a fundamental right, or was it vice versa - a restriction of a fundamental right justified by a fundamental freedom of the EU?