EU: new CJEC restrictions on collective action

In a decision rendered on December 18, the CJEC ruled that, as part of the posting of workers, unions' actions to impose on foreign service providers the respect of social standards that are more favourable than the minimum regulations of the hosting country represented a restrictiion to the free provision of services. In addition, in the same breath as the Viking decree (see our article n° 071012), this decision strikes a serious blow to Scandinavian systems and takes an additional step towards a supervision of collective conflicts. (Ref. 071034)
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Laval un Parneri, a Latvian company, posted workers to its subsidiary in Sweden to build a school in Vaxholm. The company started negotiations with Byggnads, the Swedish building union, in preparation for its membership of the building sector’s collective agreement and to determine the remuneration of the posted workers. Negotiations failed however. In parallel, Laval concluded collective agreements with the Latvian building union. Then, Byggnads launched a collective action, blocking Laval’s s

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