Facts
Company [Y. SA], a member of the graphic industry employers' association [F.], withdrew from this association on May 15, 2000. The X. Union, a signatory to a collective labor agreement (CLA) with [F.], attempted to induce [Y.] to sign a new collective contract. In the face of Y.'s refusal, the X. Union organized an unauthorized demonstration on March 18, 2001, in front of Y.'s premises to prevent employees from printing a issue of the daily newspaper S.
The demonstration degenerated, with scuffles between the demonstrators and the police, as well as material damage. [Y.] brought an action for liability against the X. Union and its members, claiming reimbursement for the damage suffered.
The Civil Court of the Lausanne district partially upheld Y.'s claims, condemning the defendants to pay an amount of 21'858 fr. 15. The Court of Appeal confirmed this judgment, and the defendants filed an appeal in revision with the SCC.
Considerations
The SCC examined the legitimacy of the demonstration of March 18, 2001, considering the conditions set by case law for a means of combat to be legitimate: it must relate to labor relations, be in conformity with the relative peace obligation at work, be supported by a workers' organization, and respect the principle of proportionality.
The SCC considered that the demonstration was supported by a workers' organization, that it related to labor relations, and that it was supported by a union. However, it found that the demonstration had violated the principle of proportionality, due to the use of physical force and the material damage committed.
The SCC also examined the question of whether the defendants had breached their…