The Court of Justice of the EU recently dealt with codetermination rights in the context of multinational companies governed by national law, and of European companies established by transformation - subjected to the safeguards of the SE Directive. According to this EU jurisprudence, Members States can decide on the territorial or extra-territorial scope of application of their national participation system without necessarily breaching EU free movement and anti-discrimination rules. Also, European companies set by transformation must safeguard all the components of the national participation system previously applicable to the company, which may concern trade union nomination and reservation of seats and other procedural elements.
European Court of Justice (ECJ) Case C-706/22 Olympus SE & Co. KG v Vorstand der 0 Holding SE
European Court of Justice (ECJ) Case C-566/15 Erzberger v TUI AG
ETUI commentaries
- Lafuente Hernández, S. and Rasnača, Z. (2019). Can workers’ rights ever catch up? The Erzberger case and EU cross-border reality. Industrial Law Journal, 48(1): 98–116, https://doi.org/10.1093/indlaw/dwy025
- Lafuente Hernández, S. (2017). ECJ upholds German codetermination rights, but misses an opportunity. (July 2017) in www.workers-participation.eu
- Lafuente Hernández, S. (2017). German codetermination compatible with EU law, states Advocate General while calling for more inclusiveness. (May 2017) in www. workers-participation.eu
- Other commentaries
European Court of Justice (ECJ) Case C-677/20 IGMetall and ver.di vs SAP SE
- German Bundesarbeitsgericht (BAG) Request preliminary ruling
- Opinion AG
- ECJ judgement
- German BAG judgement