High Court rules that claims against a trade union based on the fundamental freedoms are not ‘civil and commercial’

19/06/13

The High Court (Mr Justice Field) today allowed a jurisdiction challenge brought by a Spanish trade union of airline pilots, the Sindicato Español de Pilotos de Líneas Aéreas (SEPLA).

The Claimants, IAG and BA, brought a claim in the High Court alleging that strikes conducted by SEPLA members in response to IAG's decision to establish a low cost carrier Iberia Express had violated IAG and BA's freedom of establishment and to provide cross border services under Articles 49 and 56 TFEU.

The Claimants also sued the then English domiciled International Federation of Airline Pilots Association (IFALPA).

The Claimants alleged that the claim was within the Judgments Regulation (Reg 44/2001), that IFALPA was an anchor defendant that justified joining SEPLA under Article 6(1), alternatively that Article 5(3) of the Judgments Regulation applied and damage was sustained in England.

SEPLA submitted that it had a knock out point: namely, that the Judgments Regulation did not apply at all since the only rights relied on were free movement rights normally enforceable only as against Members States and emanations thereof and only enforceable against SEPLA by virtue of its position as a trade union and the CJEU's judgment in Viking. Accordingly, SEPLA submitted, the claims were not ‘civil and commercial matters' within the meaning of Article 1 of the Judgments Regulation. The High Court agreed, held that the claims fell outside of the Judgments Regulation and declared that it had no jurisdiction to try the claim against SEPLA.

IAG and BA were granted permission to appeal to the Court of Appeal.

The judgment is here.