After collecting data on more than 2,000 SEs, registered between 2004 and 12 September 2013, we can now present reliable statistics on how many companies have not published the mandatory notice in the Supplement to the Official Journal of the European Union. According to our findings, 43 per cent of all registered SEs have not published a notice of registration. The data reveal that the notification procedure contained in the SE legislation has not passed the test of practice.
Apparently, it is not always clear who is responsible at national level for providing this information to the European level. There is therefore a clear need for clarification in this respect and for improving the exchange of information between business registries.
The statistics are based on data obtained from the ETUI's European Company Database, again showing that it is the only up-to-date and reliable EEA-wide source on SE registrations and SE data.Until such information is available at European level it will remain difficult and laborious to track and monitor SEs. This also represents an easy way to circumvent employees’ rights.
Table: Notification of SE registrations in Supplement of EU Official Journal
Year | Number of SEs | Not published | Not published (%) |
2004 | 7 | 0 | 0 |
2005 | 14 | 3 | 21,4 |
2006 | 32 | 9 | 28,4 |
2007 | 82 | 27 | 32,9 |
2008 | 164 | 84 | 51,2 |
2009 | 162 | 93 | 57,4 |
2010 | 204 | 76 | 37,3 |
2011 | 361 | 134 | 37,1 |
2012 | 565 | 248 | 43,9 |
2013 (Sept 12) | 358 | 173 | 48,3 |
Total Active | 1949 | 847 | 43,5 |
Transformed/ deregistered | 54 | 15 | 27,8 |
Total | 2003 | 862 | 43,0 |
The annual numbers stated in the upper part of table cover only active companies. Data on transformed or deregistered companies are stated separately but the low number of SEs in this category has little effect on the overall numbers.