Contrary to the old repealed directive 94/45/EC where only a definition of consultation (art. 2 point f of the Directive): ‘ the exchange of views and establishment of dialogue between employees’ representatives and central management or any more appropriate level of management’ was given the Recast Directive 2009/38/EC made substantial progress. The Recast Directive now provides both a definition of information and consultation (Art. 2.1):

‘information’ means transmission of data by the employer to the employees’ representatives in order to enable them to acquaint themselves with the subject matter and to examine it; information shall be given at such time, in such fashion and with such content as are appropriate to enable employees’ representatives to undertake an in-depth assessment of the possible impact and, where appropriate, prepare for consultations with the competent organ of the Community-scale undertaking or Community-scale group of undertakings;

‘consultation’ means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management, at such time, in such fashion and with such content as enables employees’ representatives to express an opinion on the basis of the information provided about the proposed measures to which the consultation is related, without prejudice to the responsibilities of the management, and within a reasonable time, which may be taken into account within the Community-scale undertaking or Community-scale group of undertakings;