Information Note on the Court’s case-law 266

September 2022

Humpert and Others v. Germany (relinquishment) - 59433/18, 59477/18, 59481/18 et al.

Article 11

Article 11-1

Freedom of association

Disciplinary sanctions on teachers for having breached constitutional ban on civil servants striking: relinquishment in favour of the Grand Chamber

The applicants are teachers, all employed by different Bundesländer as civil servants. As an expression of their support for a social movement requesting an improvement of learning conditions, including an improvement of the working conditions for teachers, they did not appear at work for between one hour and three days in 2009 and 2010. They were subsequently subjected to disciplinary sanctions for having been on strike.

Domestic remedies before different administrative courts and the Federal Constitutional Court were to no avail. The Federal Constitutional Court held that the Basic Law obliged civil servants not to strike, which it considered compatible with the exigencies of the European Convention of Human Rights and the Court’s case-law.

The applicants complain under Articles 11 and 14 of the Convention that the obligation not to strike was not prescribed by law, disproportionate and, in comparison with teachers employed on a contractual basis, discriminatory. They moreover complain under Article 6 § 1 of the Convention that the Federal Constitutional Court had failed to consider international treaties on the matter.

On 6 September 2022 a Chamber of the Court relinquished jurisdiction in favour of the Grand Chamber.

(See also Demir and Baykara v. Turkey [GC], 34503/97, 11 November 2008, Legal summary ; Enerji Yapı-Yol Sen v. Turkey , 68959/01, 21 April 2009, Legal summary ; National Union of Rail, Maritime and Transport Workers v. the United Kingdom , 31045/10, 8 April 2014, Legal summary ; Association of Academics v. Iceland (dec.), 2451/16, 15 May 2018, Legal summary )

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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