The case concerns the Non-Seafarers’ Work Clause (NSWC) in ITF collective agreements, which reserves cargo-handling and lashing work for dock workers. It raises questions about the validity of such collective bargaining clauses under EU law, including potential issues for a preliminary reference to the Court of Justice of the European Union (CJEU).
The ETUC is requesting a right to intervene as the case is of key importance for defending the right to collective bargaining in Europe, well beyond the maritime transport sector. The ETUC shares the views of the ITF that the NSWC does not violate EU competition law nor constitute a breach of the EU freedom to provide services.
In its submission, the ETUC argues that collective bargaining is a fundamental right, that trade unions are not cartels, and that collective agreements pursue legitimate social objectives, as consistently recognised by the CJEU in its long-standing case law since the Albany ruling (C-67/96). Competition rules and economic freedoms must never be allowed to set aside or undermine workers’ and trade union rights.
The autonomy of the social partners and the fundamental right to collective bargaining are also recognised in EU primary law and must be respected at all times.
For more information, see the ITF press release of 2 December 2025.