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?