Facts
Company Y. SA (Plaintiff) belongs to the Z. SA printing group. Union X. (Defendant No. 1) is a party to a collective labour agreement with the F. employers' association, of which the Plaintiff was a member until the end of 2000. After the Plaintiff's withdrawal from the employers' association, Union X. attempted to persuade the Plaintiff to conclude a new collective labour agreement. On 18 March 2001, Defendants No. 2 to No. 5 organised an unauthorised demonstration in front of the Plaintiff's premises to prevent its employees from printing a special edition of newspaper S. The demonstration led to clashes with the police and property damage to the Plaintiff.Considerations
The Federal Court examined whether the demonstration of 18 March 2001 constituted a lawful industrial action. The following conditions must be met for this:1. The measure must concern the employment relationship and not violate the relative duty of peace. 2. It must be supported by an employees' association. 3. It must respect the principle of proportionality.
The Federal Court concluded that the…