The following is from the "Danish Broadcasting Corporation" (DR-News) today (09 MAR 2015) with assistance from Google Translate and Yours Truly.
Advokat: Ryanair har en dårlig sag | Nyheder | DR
Spring offers an exciting labor dispute when the Irish budget airline Ryanair as planned makes its inroads in Copenhagen at the end of March.
Ryanair will establish base in Copenhagen, and it has made the (central) Labor Organization (LO) to pull Ryanair in the Labor Court of Denmark.
When an airline establishes base somewhere, it means namely that their employees must live where the base is located.
LO therefore believes that Ryanair should enter into a Danish collective agreement with their employees, but this is rejected by Ryanair.
LO has given notice of a blockade of Ryanair, and the Labor Court must now decide whether it can validates the blockade.
Peter Breum, a labor lawyer with Elmer & Partners, estimates that Ryanair is faced with a bad case.
- I believe that the Danish labor will recognize LO's right to perform a conflict, and then supporting conflicts will be established to put an end to baggage handling, fuel for Ryanair aircraft and more, so it is impossible to operate an aircraft he says.
Hard to get a case before the court
Ryanair has told DR-News that they will try to have the case brought before the European Court of Justice if they do not succeed in the Labor Court.
That will be a bit of a challenge, says Peter Breum.
- I think that Ryanair will have a hard time getting the case to the ECJ. It only happens if the Labor Court believes that the directives claimed are unclear in some way.
ECJ only raises cases where a national court - such as the Labor Court - asks the court about it, or if a European Commissioner requests so.
Companies and individuals can not simply demand to be tried a case before the European Court of Justice.
If Ryanair loses in the Danish Labour Court, the airline will argue that Denmark is violating EU rules on workers free movement.
Ryanair may, for example, complain to the Commission in the hope of having the matter raised at the European Court of Justice.
Labor struggles are also part of the EU
Peter Breum think, however, that Ryanair also here will struggle to succeed with their arguments.
- To establish a professional organization and fight for a collective agreement, it is something that is also rooted in the EU.
Ryanair's first flight takes off on schedule from Copenhagen on 18 March. The base in Copenhagen is scheduled to be established on 26 March.