L posted workers to its Swedish subsidiary. The union sought to negotiate more favourable terms and went on strike, blockading the entrance, when they were refused. As a result the subsidiary went bust. L sought a declaration that the industrial action. Same conclusion reached as in Viking. Court said that for the strike to be a lawful derogation from, in this case, article 49 (freedom to provide services) there had to be a legitimate aim, proportionality test, AND all other options had to have been exhausted.
(make a connection here with discussion of fundamental rights in tutorial 2: what is revealed about the ranking of potentially clashing rights? see
C Barnard’, ‘Fifty Years of Avoiding Social Dumping? The EU’s Economic and Not So Economic Constitution’, in Dougan and Currie, Fifty Years of the European
Treaties: Looking Back and Thinking Forward (Hart, 2009) 311; NicShuibhne, ‘Margins of appreciation: national values, fundamental rights and EC
free movement law’ (2009) 34 ELRev 230.
