Decisions: Темелни права - Солидарност - Право на колективно преговарање и активност

The request for a preliminary ruling under Article 267 TFEU, the Attunda District Court of Sweden asked the ECJ if a strike by airline pilots who are employed by an air carrier and who are needed to carry out a flight constitute an “extraordinary circumstance” within the meaning of Article 5(3) of Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. ECJ responded that the right to take collective action, including strike action, is a fundamental right laid down in Article 28 of the Charter of Fundamental Rights of the European Union and that right is protected in accordance with EU law and national laws and practices, hence the fact that workers invoked the right to strike and consequently launched strike action must be regarded as foreseeable for any employer, in particular where notice of the strike is given. Finally, ECJ interpreted Article 5(3) of Regulation (EC) No 261/2004 as meaning that strike action which is entered into upon a call by a trade union of the staff of an operating air carrier, in compliance with the conditions laid down by national legislation, in particular the notice period imposed by it, which is intended to assert the demands of that carrier’s workers and which is followed by a category of staff essential for operating a flight does not fall within the concept of an ‘extraordinary circumstance’ within the meaning of that provision.