Finnish Supreme Court: Success for shipowner against boycott action by ITF

Published by Othmar K. Traber

Abstract

By way of background, cargo handling at a German port often requires the owner to issue a confirmation that the vessel, being loaded or discharged, is covered by a rec-ognised ITF agreement. If not, the ITF may threaten the ship manager with a boycott until an ITF standard collec-tive agreement (CBA) has been signed by the manager on behalf of the owner. In most cases the manager or owner agrees to sign to avoid the costs of boycott in-duced delay. However, when he considers the boycott unlawful, the shipowner is not defenceless but can re-quest the local industrial tribunal to order the blockade terminated by way of an injunction.