The prospect of the European Union: give priority to the domestic market or to revise the doctrine Laval?

Rebecca Zahn, Bruno de Witte

Research output: Contribution to journalArticle

Abstract

The Swedish Labour Court has decided the Laval case a judgment of 2 December 2009. It has applied to individuals the principles of EU law relating to the liability of the State in order to award compensation for damages a trade union for taking a 'illegal collective action. The wide interpretation of European law given by Swedish courts is problematic in several respects. The renewed European constitutional framework, following the entry into force of the Treaty of Lisbon, puts into perspective not only the decision of the Swedish Court, but also the same Laval judgment of the Court of Justice. In light of this, the authors wonder whether the Swedish Court has adopted a correct interpretation with reference to the issue of liability in case of breach of EU law, and discuss some of the broader issues raised by the judgment.
Translated title of the contributionThe prospect of the European Union: give priority to the domestic market or to revise the doctrine Laval?
LanguageItalian
Pages433-446
Number of pages14
JournalGiornale di diritto del lavoro e di relazioni industriali
Issue number131
DOIs
Publication statusPublished - 2011

Fingerprint

domestic market
European Law
doctrine
liability
labor court
court of justice
interpretation
trade union
collective behavior
treaty
damages

Keywords

  • Swedish labour court
  • European law
  • court of justice

Cite this

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title = "La prospettiva dell'Unione europea: dare preminenza al mercato interno o rivedere la dottrina Laval?",
abstract = "The Swedish Labour Court has decided the Laval case a judgment of 2 December 2009. It has applied to individuals the principles of EU law relating to the liability of the State in order to award compensation for damages a trade union for taking a 'illegal collective action. The wide interpretation of European law given by Swedish courts is problematic in several respects. The renewed European constitutional framework, following the entry into force of the Treaty of Lisbon, puts into perspective not only the decision of the Swedish Court, but also the same Laval judgment of the Court of Justice. In light of this, the authors wonder whether the Swedish Court has adopted a correct interpretation with reference to the issue of liability in case of breach of EU law, and discuss some of the broader issues raised by the judgment.",
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