The right to strike reinforced by the decree. On April 6, 2009,air traffic controllers at the Stuttgart control tower stopped working for 6 hours to support their colleagues – ground traffic controllers, also members of the GdF – who had been on strike for a month. Judging that they had been unjustly penalized by a strike against a third company, Deutsche Flugsicherung GmbH, four airlines - Deutsche Lufthansa AG, Air Berlin PLC & Co. Luftverkehrs KG, TUIFly GmbH and Germanwings GmbH – pressed charges against the GdF union and asked for €32,500 in symbolic damages. The decree was highly expected because it was supposed to answer a fundamental question: can a company affected by a strike organized against another company demand damages from the union concerned? The Frankfurt Labor Court answered no. The resulting damages “should be generally accepted as long as they are the result of the habitual or inevitable consequences of an industrial dispute” declared Judge Ursula Schmidt. She thinks unions should be able to draw from the assumption that their strike is legitimate. She warned: unions paying damages for some litigation cases might “end up paralyzing the evolution of social life.” “We are delighted by the ruling issued by the Frankfurt Labor Court” declared Matthias Maas, GdF spokesman, cautiously adding that it was only a first instance ruling.
lly accepted as long as they are the result of the habitual or inevitable consequences of an industrial dispute” declared Judge Ursula Schmidt. She thinks unions should be able to draw from the assumption that their strike is legitimate. She warned: unions paying damages for some litigation cases might “end up paralyzing the evolution of social life.” “We are delighted by the ruling issued by the Frankfurt Labor Court” declared Matthias Maas, GdF spokesman, cautiously adding that it was...
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