A Swedish Perspective on Laval

22 Pages Posted: 27 Jul 2008

See all articles by Ronnie Eklund

Ronnie Eklund

affiliation not provided to SSRN

Date Written: July, 25 2008


In the Laval case (C-341/05) the Court of Justice of the European Communities made clear that the right to collective action is a general principle of Community law, but the actions taken by the Swedish trade unions were nevertheless disapproved. A provider of services from another EU country could not be required to set aside time and effort in order to conclude a collective agreement in another host state. It amounted to a restriction of the fundamental freedom to provide service as laid down in Article 49 of the Treaty. The Court found that the Directive is a maximum directive in the light of the core provisions found in Article 3 of the Directive. The Court disapproved of the national Swedish provisions aimed at combating social dumping. The Court has partly changed a national labor market model like the Swedish one. The Court adopted a libertarian approach in both the interpretation of Article 49 and the Directive 96/71 on posting of workers in the framework of provision of services. The Court did not attach importance to the diversity principle in Article 136 of the Treaty; neither did it pay full attention to other international instruments stipulating a right to take collective action. Rights and obligations from such public international law obligations according to Article 307 of the Treaty were not at all discussed by the Court.

Suggested Citation

Eklund, Ronnie, A Swedish Perspective on Laval (July, 25 2008). Comparative Labor Law & Policy Journal, Vol. 29, No. 4, 2008, Available at SSRN: https://ssrn.com/abstract=1177368

Ronnie Eklund (Contact Author)

affiliation not provided to SSRN

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
PlumX Metrics