Collective action in labour conflicts under the Rome II regulation (part II)

In this second part of our two-part contribution, we focus on the content of the choice of law rule of Article 9 and its relation to the other provisions of the Regulation. The application of the rule to some (in)famous cases - Tor Caledonia, Viking, Laval - demonstrates the difficulty in applying concepts developed to regulate individual behaviour in private law cases to the phenomenon of industrial action. The special rule of Article 9 seems to offer some protection to workers, but much will depend on its interpretation by the courts. In any case, the rule can not undo the effect of the Viking and Laval judgments which directly affect the right to strike as such.