The International Transport Workers' Federation (ITF), together with the Nautilus International and Federatie Nederlandse Vakbeweging unions (FNV), submitted a formal request to the Court of Appeal to review and correct the main Preliminary considerations contained in its recent judgment concerning the Non-Seafarers' Work Clause (NSWC), in a dispute over the employment of workers for the lashing of containers on the container ships of small size, a judgment in which it submitted to the Court of Justice of EU Justice several questions referred for a preliminary ruling ( of 30 September 2025).

Remembering that the NSWC is a long-standing provision which was designed to protect the rights, safety and security of the the well-being of seafarers and is an integral part of the collective agreements of the ITF, in his memoir the trade union International Transport Workers' Court argues that the judgment The provisional report of the Dutch Court contains a number of suggestions and incorrect assumptions. In particular, ITF, Nautilus and FNV support whereas the NSWC does not violate the arm's length principle within the of the EU being part of a collective agreement freely negotiation and that the FTT itself cannot be considered an "undertaking" within the meaning of competition law EU trade union federation and does not provide services to employers. In addition, the unions believe that the NSWC does not constitute an unjustified violation of the free provision of services within the EU, as a established EU case law protects collective action and the autonomy of the social partners.

Specifying that although the Court of Appeal has not on the validity of the NSWC clause and both in waiting for indications from the Court of Justice of the European Union, the ITF pointed out that the preliminary considerations expressed by the Court of Justice would be contrary to the established case-law and risk undermining the fundamental rights of workers and the European model of social partnership. Therefore the ITF formally requested the Court to re-examine these preliminary considerations and to reformulate the questions which it intends to refer to the Court of Justice for a preliminary ruling ensuring that they accurately reflect both the purpose of the of the NSWC and the legal principles governing bargaining collective.

The ITF stated that, if the Court refuses to make these corrections, requested permission to file an interim appeal with the Dutch Supreme Court, and that, given the far-reaching implications of the judgment for all trade unions in the European Union, not only in the maritime sector, the European Trade Union Confederation has also requested permission to intervene in the appeal proceedings.

"The right to organize and bargain collectively - stressed the Secretary General of the ITF, Stephen Cotton - is at the heart of the European social model. We will use all legal avenues to ensure that rights of seafarers are respected and that social dialogue remains a pillar of EU democracy'. "When A court calls into question established principles of collective bargaining, even in a single sector - he added Livia Spera, Secretary General of the European Transport Workers' Federation - risks weakening them everywhere. Conveyor systems are based on skilled and organised workers, and these are based on solid collective agreements. We expect that the Dutch Court upholds the European model of dialogue social society, does not weaken it".

«Bargaining - commented Esther Lynch, Secretary General of the European Trade Union Confederation - it is not a distortion is a fundamental right. We are at the side of the ITF in insisting that courts across the EU respect and protect the autonomy of the social partners. If it is not will have consequences, the consequences will go far beyond the maritime sector and will strike at the heart of the rights of all workers in Europe."