Today, the Dutch Court of Appeal issued a judgment in a Lawsuit between a Manning agency and several trade unions concerning the use of port workers for the lashing of containers on smaller containerships, deciding to submit to the Court of Justice of the European Union a series of issues concerning a clause that assigns workers ports, as for larger container ships, the obligation of lashing operations even on the most (short haul/feeder) that have so far been used in Dutch ports carried out by the crew of ships which generally receive a specific additional compensation for this activity.

The case sees the Cypriot Marlow Navigation Co. and the its Dutch subsidiary Marlow Navigation Netherlands against the International Transport Workers' Federation (ITF) trade unions, Nautilus International and Federatie Nederlandse Vakbeweging, Le Trade unions demand compliance with the New Clause of Port Workers, agreed in the context of a discussion between the ITF International Trade Union and the International Maritime Employers' Council (IMEC), the international employers' organization of the maritime industry, which establishes that seafarers and other persons on board a ship may not carry out if associated dock workers are available an affiliate of the ITF. In case of unavailability of these port workers, the crew may carry out such work, but only on a voluntary basis and by prior agreement with the ITF affiliate. The clause (Non-Seafarers' Work Clause - NSWC) is included in a international framework collective bargaining agreement for (IBF Framework Agreement) and in agreements based on it, including special agreements concluded per ship.

The Court of Appeal in The Hague took note of the fact that the charterers of the smaller container ships would like this practice to be continued, in part to avoid long waiting times and delays in the terminals, but also because they believe that the crew can perform lashing correctly and safely and, last but not least, no less important, because the remuneration paid to the crew is generally lower than the cost of the port workers. The unions, on the other hand, demand compliance with the clause by the Seafarers' Recruitment Agency, that, As such, it provides crews for the most Small. On the part of the manning agency, it is argued, in particular, that the clause would be contrary to the right of the European Union and, specifically, with the free movement of the European Union, and competition law and it is argued that their interests would be harmed if seafarers were no longer allowed to carry out lashing operations on ships since This would make the services they offer less attractive.

By judgment of 6 July 2022, the District Court of Rotterdam had established the validity of the clause and had ordered the Manning agency to comply with it and to reimburse the legal costs incurred by trade unions. With today's judgment, the Court of Appeal submits several questions referred for a preliminary ruling which mainly concern the way in which European economic freedoms (in particular the free movement of services, which is hampered by the effect of the clause) and social rights (agreements between the social partners in the context of a collective agreement) are considered with respect to the right of the EU. Consequently, at the time the judgment of the Court of Justice of Rotterdam confirming the validity of the NSWC remains valid.

Recalling that the purpose of the NSWC is to safeguard the seafarers' working and rest hours, ensuring that workers carry out tasks such as lashing, the ITF and trade unions affiliates have announced that they will defend the NSWC before the Court of Justice of the EU. "We remain steadfast in defending NSWC - explained the ITF President and President of the Dockers Section of the International Union, Paddy Crumlin, commenting on the judgment of the Court of Appeal - because the safety and rest hours of seafarers are non-negotiable. Therefore, the ITF will continue to fight vigorously and perseverance for a clause agreed and negotiated with employers work, which is central and fundamental for health, safety and protection of both seafarers and workers involved".