ECJ 15 January 2014, case C-176/12 (Association de mediation sociale - v - Union locale des syndicats CGI and others), Information and consultation

Article 27 of the Charter of Fundamental Rights of the EU provides that workers and their...

ECJ 15 January 2014, case C-176/12 (Association de mediation sociale - v - Union locale des syndicats CGI and others), Information and consultation

Article 27 of the Charter of Fundamental Rights of the EU provides that workers and their...

2014/13 New French works council legislation (Article)

On 15 June 2013, legislation took effect that I anticipate will have a deep impact on labour relations in France. The legislation is one of the fruits of the Accord National of 11 January 2013. That agreement paved the way for reforms in a number of fields. One of those reforms resulted in new rules on collective redundancies, on which I wrote in EELC 2013/33. This article deals with another set of new rules, in the field of consultation between the management and the works council (comité d’entreprise). 

2014/13 New French works council legislation (Article)

On 15 June 2013, legislation took effect that I anticipate will have a deep impact on labour relations in France. The legislation is one of the fruits of the Accord National of 11 January 2013. That agreement paved the way for reforms in a number of fields. One of those reforms resulted in new rules on collective redundancies, on which I wrote in EELC 2013/33. This article deals with another set of new rules, in the field of consultation between the management and the works council (comité d’entreprise). 

ECJ 20 June 2013, case C-635/11 (European Commission - v - Kingdom of the Netherlands), Information and consultation

Article 16(1) of Mergers Directive 2005/56 provides that a company resulting from a cross-border...

ECJ 20 June 2013, case C-635/11 (European Commission - v - Kingdom of the Netherlands), Information and consultation

Article 16(1) of Mergers Directive 2005/56 provides that a company resulting from a cross-border...

2012/11: European works council cannot stop plant closure (GE)

In Germany a European works council, contrary to a domestic works council, has no option to seek a restraining order from the court. In this case the European works council was powerless to prevent a factory from being closed down.

2012/11: European works council cannot stop plant closure (GE)

In Germany a European works council, contrary to a domestic works council, has no option to seek a restraining order from the court. In this case the European works council was powerless to prevent a factory from being closed down.

2011/16: The (central) works council of French subsidiaries must be informed of a foreign parent company merger project (FR)

The French Cour de cassation1 recently handed down a decision that increases French works council involvement in mergers where the decision-making is carried out at a higher level within the group, such as by the parent company. When a parent company located in The Netherlands and a US company were involved in a merger operation, the (central) works council (“CWC”) of the former’s French subsidiaries should have been informed, in compliance with the combined provisions of EC Regulations 802/2004 and 139/2004 relating to the control of mergers between undertakings and of Articles L.2323-1 and L.2323-20 of the French Labour Code, insofar as all the economic entities are either directly or indirectly affected by the acquisition of sole or joint control. The decision has wide-ranging implications for both French and international groups with subsidiaries in France.

2011/16: The (central) works council of French subsidiaries must be informed of a foreign parent company merger project (FR)

The French Cour de cassation1 recently handed down a decision that increases French works council involvement in mergers where the decision-making is carried out at a higher level within the group, such as by the parent company. When a parent company located in The Netherlands and a US company were involved in a merger operation, the (central) works council (“CWC”) of the former’s French subsidiaries should have been informed, in compliance with the combined provisions of EC Regulations 802/2004 and 139/2004 relating to the control of mergers between undertakings and of Articles L.2323-1 and L.2323-20 of the French Labour Code, insofar as all the economic entities are either directly or indirectly affected by the acquisition of sole or joint control. The decision has wide-ranging implications for both French and international groups with subsidiaries in France.