Laval un Partneri Ltd v Svenska Byggnadsarbetareförbundet

Laval un Partneri Ltd v Svenska Byggnadsarbetareforbundet
CourtEuropean Court of Justice
Decided18 December 2007
CitationsC-341/05; [2008] IRLR 160
Keywords
Right to strike, freedom to provide services, Posted Workers Directive

Laval un Partneri Ltd v Svenska Byggnadsarbetareförbundet (2007) C-341/05 is an EU law case, relevant to all labour law within the European Union, which held that there is a positive right to strike. However, it also held that the right to strike must be exercised proportionately and in particular this right was subject to justification where it could infringe the right to freedom to provide services under the Treaty on the Functioning of the European Union article 56 (ex TEC article 49).

Laval was shortly preceded by another case involving the right to strike on freedom of establishment The Rosella, and by the influential European Court of Human Rights decision in Demir and Baykara v Turkey. It was soon implicitly reversed by the Rome I Regulation, recital 35, which states that in terms of conflicts of laws, mandatory rules for employees "can only be derogated from to their benefit."