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Commission defends national rules on employee participation rights before the Court of Justice of the EU

This morning, an oral hearing took place at the Court of Justice of the European Union following a preliminary reference by a German court (Case C-566/15, Erzberger v. Tui). The case concerned a particular aspect of the German rules on employee participation in the supervisory bodies of companies (so-called “Mitbestimmung”). In the national court proceedings, it had been argued by the shareholder of a company that the German rules would be incompatible with EU law as they would restrict these participatory rights of employees only to companies and their employees in Germany. The Commission defended the right of Member States to guarantee employee participation rights as foreseen in the German legislation in question; the model of “Mitbestimmung” and its social objectives are thus in line with EU law.
Category: Employment » EC Law. Keyword(s): Employee participation. Area(s) of law: Employment; Corporate and Commercial Law.
Source: European Commission.

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