EU: a European Company can legally circumvent negotiations on employee involvement (CJEU)

In a ruling handed down on 16 May, the Court of Justice of the European Union ruled that a European Company (SE), a status that provides a single legal regime in all member states, could be exempted from the obligation to negotiate on employee involvement. According to the CJEU, the provisions of Directive 2001/86 do not apply when a European Company (SE) has been created without employees, even when it subsequently employs them, as these rules only govern the “creation” and “constitution”...