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La prospettiva dell'Unione europea : dare preminenza al mercato interno o rivedere la dottrina Laval?

Zahn, Rebecca and de Witte, Bruno (2011) La prospettiva dell'Unione europea : dare preminenza al mercato interno o rivedere la dottrina Laval? Giornale di diritto del lavoro e di relazioni industriali (131). pp. 433-446. ISSN 1972-5507

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Abstract

The Swedish Labour Court has decided the Laval case a judgment of 2 December 2009. It has applied to individuals the principles of EU law relating to the liability of the State in order to award compensation for damages a trade union for taking a 'illegal collective action. The wide interpretation of European law given by Swedish courts is problematic in several respects. The renewed European constitutional framework, following the entry into force of the Treaty of Lisbon, puts into perspective not only the decision of the Swedish Court, but also the same Laval judgment of the Court of Justice. In light of this, the authors wonder whether the Swedish Court has adopted a correct interpretation with reference to the issue of liability in case of breach of EU law, and discuss some of the broader issues raised by the judgment.