05 Déc Social policy – European company…
Social policy – European company – Directive 2001/86/EC– Involvement of employees in decision-making within the European company – Article 4(4) – European company established by means of transformation – Content of the negotiated agreement – Election of employees’ representatives as members of the Supervisory Board – Election procedure providing for a separate ballot in respect of the trade union representatives.
ECJ, 18 October 2022, Case C 677/20, Industriegewerkschaft Metall (IG Metall), ver.di – Vereinte Dienstleistungsgewerkschaft v. SAP SE, SE-Betriebsrat der SAP SE.
https://curia.europa.eu/juris/document/document.jsf?text=&docid=267301&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=124076
Article 4(4) of Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees must be interpreted as meaning that the agreement on arrangements for the involvement of employees applicable to a European company (SE) established by means of transformation, as referred to in that provision, must provide for a separate ballot with a view to electing, as employees’ representatives within the SE’s Supervisory Board, a certain proportion of candidates nominated by the trade unions, where the applicable national law requires such a separate ballot as regards the composition of the Supervisory Board of the company to be transformed into an SE, and it is necessary to ensure that, in the context of that ballot, the employees of that SE, of its subsidiaries and of its establishments are treated equally and that the trade unions represented therein are treated equally.
