Auszug aus EGMR, 20.03.2003 - 52562/99

The Danish Act on Protection against Dismissal due to Association Membership was passed by the Parliament in 1982 as a result inter alia of the British Rail Judgment (the Young, James and Webster v. UK judgment Series A no. 44) pronounced by the Court of Human Rights in 1981.

"Act no. 285 of 9 June 1982 on Protection against Dismissal due to Association Membership was passed, notably in order to comply with the negative right to freedom of association to the extent an obligation thereto could be established according to the interpretation of Article 11of the Convention given by the Court of Human Rights in the Young, James and Webster v. UK judgment Series A no. 44 (British Rail).

The Danish Act on Protection against Dismissal due to Association Membership of 9 June 1982 (which was passed as a direct result of the Court's ruling in 1981 in the Young, James and Webster v. UK judgment, Series A no. 44), amended by Act no. 347 of 29 May 1990, reads in as far as relevant:.

Auszug aus EGMR, 20.03.2003 - 52562/99

Notably, they submit that it cannot be contrary to Article 11 of the Convention to dismiss a person who does not want to be member of a particular trade union if the person was aware at the time of the engagement that such a requirement was a prerequisite for employment, or with specific reference to the situation described in the Sigurdur Sigurjónsson v. Iceland judgment of 30 June 1993, Series A no. 264, if the person at the time of his application for a licence to operate a taxi knew that membership of the association Frami was required by law.