International Transport Workers Federation v Viking Line ABP (2007) C-438/05 is an EU law case of the European Court of Justice, in which it was held that there is a positive right to strike, but the exercise of that right could infringe a business's freedom of establishment under the Treaty on the Functioning of the European Union article 49. Often called The Rosella case or the Viking case, it is relevant to all labour law within the European Union. The decision has been criticised for the Court's inarticulate line of reasoning, and its disregard of fundamental human rights.

Laval un Partneri Ltd v Svenska Byggnadsarbetareförbundet (2007) C-341/05 is an EU law case, relevant to all labour law within the European Union, which held that there is a positive right to strike. However, it also held that the right to strike must be exercised proportionately and in particular this right was subject to justification where it could infringe the right to freedom to provide services under the Treaty on the Functioning of the European Union article 56.