Konzernbetriebsrat der O SE & Co. KG v. Vorstand der O Holding SE

Country :

Register number :

C-706/22

Applicable law/instrument :

Council Regulation (EC) No 2157/2001; Council Directive 2001/86/EC

Branch of law :

Judgement date :

16/05/2024

Following a request from the Federal Labour Court of Germany (Bundesarbeitsgericht) regarding a dispute about the involvement of employees in a European company (‘an SE’), the Court of Justice found that there is no obligation for a holding SE registered without any prior negotiations, to open such negotiations at a later stage on the ground that it subsequently acquired control of subsidiaries with employees in one or more Member States.

This preliminary ruling concerns Council Regulation (EC) No 2157/2001 on the Statute for a European company (SE) and Council Directive 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employees.

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