Finnish Seamen's Union and ITF win Rosella dispute at Court of Appeal in London

On 3 November 2005 the Court of Appeal in London lifted an injunction issued by the United Kingdom Commercial Court last summer preventing the Finnish Seamen's Union and the International Transport Workers' Federation &#;8211 ITF from engaging in any action that could affect the operations of the Viking Line shipping company or the terms and conditions of service of employees aboard its vessels. Under the terms of the injunction, any measures taken to apply pressure on Viking Line would have constituted contempt of court and left the union open to sequestration of its assets.

The Court of Appeal held that the legal issues in the case should be referred to the European Court of Justice.

In its successful appeal the Finnish Seamen's Union argued that the ruling of the Commercial Court was inconsistent with fundamental principles of the Finnish legal system. It conflicted with Finnish fundamental rights to freedom of expression and freedom of association, and with the right to strike.

The dispute concerned the Viking Line vessel Rosella, which plies the route between Helsinki and Tallinn under a Finnish flag and with an entirely Finnish crew. Viking Line has been preparing for the Rosella to sail under the Estonian flag for some time.

The terms and conditions of service of crewmembers working on the Rosella comply with the collective agreement negotiated by the Finnish Seamen's Union at the time of Finland's national incomes policy settlement last autumn. Codetermination negotiations are under way as a result of plans to reflag the vessel.

For further details

ITF wins in Court of Appeal (ITF bulletin 3 November 2005)

Viking Line petitions UK Commercial Court for ruling on Finnish industrial relations (SAK news 7 September 2005)