On 16 October 2015, the Regional Appeal Court of Berlin, brought a case to the Court of Justice of the European Union (CJEU) for a preliminary ruling where the Luxembourg based CJEU was called on to judge if Germany’s 1976 Co-Determination Act violated European Law in terms of discrimination and the freedom of movement of workers. If the CJEU affirms a breach of European law the decision may lead to workers no longer participating on large companies’ supervisory boards as well as threatening similar national legislation operating in 19 of the 28 EU Member States.
The action by Berlin Court of Appeal came about following a complaint from a small German shareholder that was lodged with the Berlin Regional Tribunal concerning a potential breach of two European Laws: firstly the prohibition of discrimination under European law based on nationality, guaranteed by Art. 18 of the Treaty on the Functioning of the European Union (TFEU), and secondly, the freedom of movement for workers in Art. 45 of the TFEU. The complaint concerned a German tourist agency TUI t
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