Mackenzy Rice
De Meu
9 March 2016 Case Note:
The Rosella
Case C-438/05 [2007]
International Transport Workers’ Federation
v
Viking Line ABP
The Commercial Court (England and Wales) undertook the International Transport Workers’ Federation v Viking Line
ABP in a civil procedure ruling. The nature of the case deals with civil law regarding an arbitration dispute within a commercial
context therefore beginning at the High Court of Justice (Commercial Court) level. An array of questions arose thus the High
Court of Justice had to proceed with the ruling through The Court of Appeal (England and Wales) within the Civil Division. The
context of the case needed to be addressed at the European Union level, which made it highly sophisticated and problematic. The
legal basis includes labor laws from the International Transportation Workers’ Rights view and free movement and establishment
for the Viking Line ABP. The Viking Line ABP was a Finnish ferry service with a Finnish flag that represented its’ nationality
but wished to reside in Estonia.
1
The European Union allows business’ to have freedom of establishment through the Treaty on
the Functioning of the European Union (TFEU) in article 49 but Viking Line ABP was doing so for profit gains because they
could pay the workers a lower wage. The seamen of the Rosella, Viking Line ABP ferry, were affiliated with a Finnish Seamen’s
