Andorran Court Annuls Labour Arbitration Award After Unconstitutional Ruling

The Andorran Superior Court of Justice has annulled an arbitral award issued in January 2025 that resolved a collective labour dispute between UTE Coopalsa and its works committee, ruling that it relied on legal provisions later declared unconstitutional.

The court upheld Coopalsa's annulment request after the Constitutional Court struck down subsections 1, 2, and—by connection—5 of article 6 in Qualified Law 33/2018 on collective conflict measures. Those provisions had imposed mandatory arbitration and restricted appeals, unduly limiting the constitutional right to access the courts, the higher tribunal found.

In its binding and enforceable ruling, the Superior Court determined that the loss of this legal foundation voids the award entirely, with no established legal situation preventing the decision. No court costs were imposed on either party, given prior uncertainties over the provisions' constitutionality. The resolution ends the annulment proceedings and requires notification to both sides and the Employment and Labour Department.

The January award had sided with Coopalsa drivers, mandating a return to intensive eight-hour daily schedules over five days for a 40-hour week. Coopalsa challenged it, prompting the Superior Court to refer the matter to the Constitutional Court over reasonable doubts about the law.

Coopalsa welcomed the outcome, stating it now opens a reflection period to seek agreed solutions with workers. The company aims to foster a positive work environment, optimal employee conditions under current rules, and balanced outcomes that ensure its viability, sustainability, and service efficiency.