Social Conflict : Specific Rule in Rome II to Apply to Strike Action
Determining the law applicable to liability in cases of industrial action may be subject to a specific rule, to be included in the future Rome II Regulation (law applicable to non-contractual obligations), if the Council confirms its common position in its second reading on 15 and 16 February. The clause was not included in the Commission's initial proposal (the European executive had doubts about it - see below) but was introducedaduring the procedure by common agreement between the Council and Parliament with the aim of 'not removing the substance of a worker's right to resort to industrial action guaranteed by national legislation, including the right to strike'.
Article 9 of the regulation, confirmed by the Parliament in January, states that 'the law applicable to a non-contractual obligation in respect of the liability of a person in the capacity of a worker or an employer or the organisations representingatheir professional interests for damages caused by an industrial action, pending or carried out, shall be the law of the country where the action is to be, or has been, taken'.
This clause is fully compatible with a general rule (Article 4 s. 2) in the Regulation, which specifies that the law applicable where the person claimed to be liable and the person sustaining damage bothahave their habitual residence in the same country at the time when the damage occurs, is the law of that country. …