ECJ on Laval and Viking Line: the Latvian interpretationBalode-Buraka, Esmeralda
JFT 2008/4 s. 477
Article analyses two European court cases, namely cases Viking Line and Laval. Basically nothing unexpected was pronounced by the European Court of Justice on the interpretation of the EC Treaty. Thus according to the
Court, both Article 43 and Article 49 of the EC Treaty are directly effective. In another words, the individuals may rely on and refer to them. What is important in Viking Line is that the Court directly stresses the right of an individual to make claims against the non-governmental body relying on Treaty provision because the specific character of the subject of claim. The similar idea but from another angle stems from Laval where the Court reaffirms that the free movement rights must be respected also by the rules of trade unions which are not public in their nature.