Judgment concerning Germany
In the case of Humpert and Others v. Germany the Court held that there had been no violation of the freedom of assembly and association.
The case concerned the disciplinary sanctions imposed on the applicants, teachers with civil-servant status, for having participated, during their working hours, in strikes organised by their trade union in order to protest against worsening working conditions for teachers.
The Court found that the prohibition of strikes by teachers with civil-servant status did not render their trade-union freedom devoid of substance, as the variety of different institutional safeguards which had been put in place enabled civil servants and their unions to effectively defend their professional interests. As a result, the Court held that the disciplinary measures against the applicants following their participation in strikes had been within the State’s discretion (“margin of appreciation”).