Lisbon, July 15, 2025 (Lusa) - The Lisbon Court of Appeal ruled in favour of CP and overturned the arbitration court’s decision, determining that the parties should have established minimum services of 25% during the May strike, according to a ruling Lusa consulted today.
‘It is hereby determined that minimum services of twenty-five per cent (25%) of the scheduled service shall be provided during the strike in question, focusing on peak hours and critical urban lines,’ according to the decision, dated 10 July.
This ruling comes in the context of an appeal lodged by CP - Comboios de Portugal against the decision of the Arbitration Court of the Economic and Social Council “The decision leaves services entirely flexible for the ‘strike between 12:00 a.m. on 7 May 2025 and 12:00 a.m. on 15 May 2025 and the strike from 12:00 a.m. on 7 May 2025 to 12:00 a.m. on 9 May 2025’.”
CP requested that the arbitration court establish a minimum service level of 30%, while the unions argued that the court should establish only the minimum necessary services.
The arbitration court established a minimum service of 25% for the strike by CP ticket inspectors and ticket office staff between 11 and 14 May.
The Lisbon Court of Appeal pointed out that “the basis for not decreeing minimum services had to do with legitimate and understandable concerns regarding the safety of users and workers,” but considered that other strikes with minimum services of 25% and 30% reported no safety problems.
“Therefore, with respect for differing opinions, we should set minimum services at 25% of the scheduled service,” focusing on peak hours and critical urban lines, which, while requiring natural and necessary adjustments, allows part of the usual operation to continue and ensures minimum safety conditions for users and workers, and mitigates in some way the effects of the stoppage on the daily lives of users, while causing some inconvenience,” the document reads.
The Court of Appeal considered that this “reconciles the right to strike with the right to travel to work”.
In a post on the social network Linkedin, the infrastructure minister, Miguel Pinto Luz, pointed out on Tuesday that the Court of Appeal’s decision becomes final on 26 July, “and will protect the thousands of citizens affected on those days from that date forward”, but is in line with the government’s position that “the right to strike must be proportionately compatible with the right to travel to work”, reaffirming that the government “will fulfil its commitment to the workers” of CP.
The National Union of Portuguese Railway Drivers (SMAQ) rejected the minister’s accusations that the CP strike was politically motivated and blamed the government for the disruption caused to the public by failing to comply with an agreement negotiated and reached on 24 April between CP management and the unions.
Between 7 May and 14 May, the unions called three strikes at CP, and the Trade Union Association of Intermediate Railway Management (ASCEF), the Independent Trade Union Association of Commercial Railway Workers (ASSIFECO), and the Federation of Transport and Communications Trade Unions (FECTRANS) organised one of them. The National Transport, Communications and Public Works Union (FENTCOP), the National Union of Railway Workers and Related Workers (SINAFE), the National Democratic Railway Union (SINDEFER), the Independent Union of Railway Infrastructure Workers and Related Workers (SINFA), the Independent National Railway Workers’ Union (SINFB), the National Union of Transport and Industry Workers (SINTTI), the Independent Union of Railway Operators and Related Workers (SIOFA), the National Union of Technical Staff (SNAQ), the National Union of Railway Sector Workers (SNTSF), the Railway Transport Union (STF) and the Metro and Railway Workers’ Union (STMEFE).
Another strike called by the SMAQ and the Railway Union for Commercial Inspection (SFRCI) joined this strike.
MPE/ADB // ADB.
Lusa
