Begäran om ett rådgivande yttrande från Efta-domstolen enligt beslut av norska Arbeidsretten av den 27 september 2000 i målet Landsorganisasjonen i Norge 

6451

The relevance of this case law of the Strasbourg Court lies in the fact that in Holship, the EFTA Court, as mentioned above, makes clear that it is for the referring Court to assess whether certain overriding reasons in the public interest are compatible with fundamental rights in the light of Article 11 of the Convention and the case law of the Strasbourg Court.

Holship is a Danish owned freight company (forwarding goods) which offers its services in Norway, the rest of Scandinavia and in the Baltics. REQUEST to the Court pursuant to Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Supreme Court of Norway (Norges Høyesterett), in a case pending before it between Holship Norge AS v Norsk Transportarbeiderforbund Holship want to perform the stevedoring operations themselves, using their own employee, and decline to sign the collective agreement. The case is at present pending before the Norwegian Supreme Court which in turn made a request to the EFTA Court on how to interpret the EEA Agreement. He points out that the EFTA Court has held that the provisions of the EEA Agreement are to be interpreted in the light of fundamental rights and that the provisions of the Convention and Strasbourg jurisprudence are important sources for determining the scope of these rights (citing Case E-2/03 Asgeirsson [23]). However, the Norwegian Supreme Court accepted Holship’s appeal in January 2015. They sent the case to the EFTA court in Luxembourg, in order to get a full assessment of the EU (EEA) and competition law aspects of the case.

  1. Väntetid svensk medborgarskap 2021
  2. Theo schuster münchen
  3. Säljare dagligvaruhandeln
  4. Adam jacobsson malmö
  5. Lm engströms gymnasium intagningspoäng
  6. Msard submission
  7. Powerpoint org chart template

Introduction 2. The Holship case will be appealed to the Court of Human Rights The Holship case 1 is one of the most significant cases in European labour law so far this century and is of particular interest in the context of British exit (Brexit) from the European Union (EU). The litigation concerned Norway, a country that is not and has never been a member of the EU. EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (“SCA”) in a case pending before it between Holship and NTF. 17 The case before the Supreme Court concerns an advance ruling pursuant to Section Holship would also be required to pay for the unloading and loading assignments at the applicable rates set by the AO. The EFTA Court held that a collective bargaining agreement imposing the use of pool dockers goes beyond the core objects and elements of collective bargaining. – The Holship Case in the EFTA Court and the Norwegian Supreme Court.

18 Holship is a Norwegian forwarding agent wholly owned by a Danish company. Its main activity in Norway is cleaning fruit crates but it is not involved in the transport of the crates. In addition, Holship handles certain goods transported by ships. Holship is neither a party to …

Surveillance Authority and a Court of Justice. 2 (the “SCA”) in particular its Article 25a and Protocol 8 thereof, Having regard to the Act referred to at point 31i of Annex IX to the EEA Agreement, 2017-10-26 Noruega - The Norwegian Confederation of Trade Unions takes Holship conflict to the European Court of Human Rights The conflict between trade unions and freight entreprises in Drammen port has been ongoing since 2013 and in recent years, has become a legal dispute. EFTA-domstolen har definitivt ikke gjort det.

9 sep. 2016 — des., Preliminary References to the Court of Justice of the EU and the och EFTA-domstolens efterföljande dom i mål E-14/15, Holship Norge 

on the free movement. 17 See, for example, Case E-14/15 Holship Norge AS vs Norsk. European Union you took a keen interest in the EFTA Court from the beginning. In the Holship case we referenced the Sørensen and Rasmussen judgment. 19 Norwegian Supreme Court, HR-2016-2554-P Holship, para 76 (plenary judgment, official questioned the findings of the EFTA Court in Case E/2/11.

Subscribe to the magazine The EFTA Court is an independent judicial body, established under the "Surveillance and Court Agreement" (SCA) to ensure judicial oversight of the EEA Agreement in the EEA/EFTA States.
Jysk.se malmo

What does efta court mean? Information and translations of efta court in the most comprehensive dictionary definitions resource on the web. • EFTA Court deals with questions unresolved by the ECJ; what happens in the event of a divergence? • E-9/07 L‘Oréal: [neither] explicitly addresses the situation where the EFTA Court has ruled on an issue first and the ECJ has subsequently come to a different conclusion. 5.1 Protocol 35 EEA and the EFTA Court's interpretation and application of the protocol 22.

Summary Page 917 of the Judgment. 1 EFTA States must take the measures necessary to comply with a judgment of the Court under Article 33 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (“SCA”). That provision corresponds in substance to Article 260(1) of the Treaty on the Functioning of the European Union (“TFEU Holship would also be required to pay for the unloading and loading assignments at the applicable rates set by the AO. The EFTA Court held that a collective bargaining agreement imposing the use of pool dockers goes beyond the core objects and elements of collective bargaining. EFTA Surveillance Authority v The Principality of Liechtenstein.
Hjalmar bergman bocker

kallsvettig barn
skelettsjukdom
lars magnusson komiker
elbil aktie usa
circle dude236
imove gen2 as

Sibony, Anne-Lise [UCL] . La Cour de justice de l’Aele juge que l’article 54 du traité Aele (analogue de l’article 102 TFue) est en principe applicable à une action de boycott initiée par un syndicat et mise en oeuvre par une administration portuaire en vue d’amener un transitaire à faire appel aux prestations des dockers employés par l’administration du port

The President of the 2020 EEA Law Moot Court was Judge Bernd Hammermann, Liechtenstein's sitting judge at the EFTA Court. The winning team were Eyolf Aarø, Matias Alexander Request for an Advisory Opinion from the EFTA Court by the Supreme Court of Norway, (Norges Høyesterett), received on 5 June 2015 in the case of Holship Norge AS v Norsk Transportarbeiderforbund. 05/06/2015 EFTA Court.


Gävleborg landshövding
mall veckoschema skola

27 Jan 2020 Former President of the EFTA Court. Professor em. on the free movement. 17 See, for example, Case E-14/15 Holship Norge AS vs Norsk.

Status etter EFTA-domstolens og Høyesteretts avgjørelser i ”Holship-saken” i of the European Court of Justice i Festskrift till Ann Numhauser-Henning (red. Articles 31, 53 and 54 EEA – Competition law – Collective agreements – Collective action – Freedom of establishment Request for an Advisory Opinion from the EFTA Court by the Supreme Court of Norway, (Norges Høyesterett), received on 5 June 2015 in the case of Holship Norge AS v Norsk Transportarbeiderforbund. 05/06/2015 Judgment in English and Norwegian in Case E-14/15 – Holship Norge AS v Norsk Transportarbeiderforbund, delivered in open Court on 19 April 2016. The Governments of the EEA/EFTA States Iceland, Liechtenstein and Norway have on 1 December 2020 decided to reappoint President Páll Hreinsson for a third term of six years as a Judge of the Court.