The CJEU has to decide if the German 1976 Co-Determination Act results in discrimination since in contrast to staff employed in Germany, other employees neither have the right to vote nor the right to stand for election as a worker representative on the supervisory board. In its opinion handed down on 04 May the Advocate General proposed that the Court should hold that this legislation does not infringe community law.
A German shareholder in the tourist company TUI brought a case to court on whether Germany’s Co-Determination Act, which requires joint participation on the supervisory boards of large companies with more than 2,000 staff, actually violated the principle of non-discrimination as guaranteed by the treaty on the Functioning of the European Union (TFEU). According to the shareholder, 80% of TUI staff cannot be represented on the board because they cannot present any candidate for a seat on the boa
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