Pending complaints
No. 201/2021 European Trade Union Confederation (ETUC), Netherlands Trade Union Confederation (FNV) and National Federation of Christian Trade Unions (CNV) v. the Netherlands
The complaint was registered on 12 July 2021. It concerns Article 6§4 (the right to bargain collectively) as well as Article G (restrictions) of the revised European Social Charter. The 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 aforementioned provisions of 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.
Case-document No. 1, Complaint registered on 12 July 2021
Case-document No. 2, Observations by the Government on admissibility
Case-document No. 3, Submissions by the Government on the merits
Case-document No. 4, Response from ETUC, FNV and CNV to the Government's submissions on the merits
Case-document No. 5, Reply from the Government to the response by ETUC, FNV and CNV
The European Committee of Social Rights declared the complaint admissible on 7 December 2021.
Department of Social Rights
Directorate General of Human Rights and Rule of Law
Council of Europe
1, quai Jacoutot
F – 67075 Strasbourg Cedex
Tél. +33 (0)3 90 21 49 61
www.coe.int/socialcharter