I incorrectly predicted that there's no violation of human rights in TRADE UNION OF GERMAN TRAIN DRIVERS (GDL) v. GERMANY.

Information

  • Judgment date: 2022-07-05
  • Communication date: 2018-12-04
  • Application number(s): 12380/18
  • Country:   DEU
  • Relevant ECHR article(s): 11, 11-1
  • Conclusion:
    Violation of Article 14+P1-1 - Prohibition of discrimination (Article 14 - Discrimination) (Article 1 of Protocol No. 1 - Protection of property
    Positive obligations)
    Pecuniary damage - claim dismissed (Article 41 - Pecuniary damage
    Just satisfaction)
  • Result: Violation
  • SEE FINAL JUDGMENT

JURI Prediction

  • Probability: 0.574414
  • Prediction: No violation
  • Inconsistent


Legend

 In line with the court's judgment
 In opposition to the court's judgment
Darker color: higher probability
: In line with the court's judgment  
: In opposition to the court's judgment

Communication text used for prediction

The application concerns the Uniformity of Collective Agreements Act (Tarifeinheitsgesetz), which regulates conflicts that arise if several collective agreements are applicable in one company.
The Act prescribes that, in case of a conflict, the collective agreement of the trade union which has fewer members in a company is superseded.
The union whose collective agreement is superseded has the right to adopt the collective agreement of the majority union.
Moreover, if the employer engages in collective bargaining, it has to inform the other trade unions in the company and all unions have the right to present their demands to the employer.
The applicant is a German trade union that is party to several collective agreements.

Judgment