The UK and Posted Workers: The Effect of Commission v Luxembourg on the Territorial Application of British Labour Law: Case C-319/06 Commission v Luxembourg, Judgment 19 June 2008

Abstract

Just when it looked like things could not get much worse for trade unions in the ‘old’ Member States following the European Court of Justice's decisions in Case C-438/05 Viking [2008] IRLR 14, Case C-341/05 Laval [2008] IRLR 160 and Case C-346/06 Rüffert [2008] IRLR 467 (noted by A. Davies ‘One step forward, two steps back?’ (2008) 37 ILJ 125 and P. Davies (2008) 37 ILJ 293, respectively) along comes the Court's decision in Case C-319/06 Commission v Luxembourg, judgement of 19 June 2008. At first sight, Commission v Luxembourg appears to have little to say to the UK. Enforcement proceedings brought under Article 226 against a defaulting Member State tend to be confined to the specific circumstances of that state. Yet this case emphasises that Viking and Laval are no flash in the pan and that the Court is serious about facilitating free movement of services under Article...

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