ETUC, FNV and CNV v the Netherlands

Country :

Register number :

201/2021

Applicable law/instrument :

European Social Charter

Branch of law :

The collective complaint was declared admissible on 7 December 2021. It concerns Article 6§4 (the right to bargain collectively) as well as Article G (restrictions) in conjunction with Article 6§4 of the revised European Social Charter. ETUC, FNV and CNV allege that the manner in which Dutch higher and lower courts impose restrictions on collective actions is not in conformity with the Charter. The complainant organisations further argue that the right to collective action is not regulated by legislation in the Netherlands and is based on the courts case law, with the result that practice in the Netherlands does not comply with the Charter.

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