Key facts of the case:
The applicant, company “Švyturys-Utenos beer“ submitted a claim against the applicants trade union of „Švyturys“, employees association of Utenos beer and united representation of „Švyturys“ trade union and Utenos beer employees association. The appllicant asked to recognise the continous strike as illegal. The cassation appeal was submitted by the applicants. Main issue considered in the case was the legalyty of the announced strike when in the company was adopted the collective agreement.
In European Union law the right to strike is enshrined in the European Charter of Fundamental Rights (Article 28), which after the entry into force of the Lisbon Treaty is legally binding for the Member States. The Charter establishes only the right of workers, but like other international treaties it does not specify this right. Taking into consideration the division of competences between the European Union and the Member States, the legal regulation of strikes is left to the Member States to establish their legal regulation, however the national legal regulation can no deny this right or o modify it improperly.