France: EWCs must be totally consulted on mergers before the company’s board meets

The French Supreme Court gave, on January 16, 2008, its judgement on Gaz de France's appeal against the ruling which ordered to postpone the meeting of the company's board of directors, in charge of examining the merger with Suez, on the basis that European staff representatives had not been sufficiently informed and consulted. (Ref. 080044)
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Judges had ordered to postpone the meeting of Gaz de France’s board on the grounds that the EWC had not been sufficiently informed and consulted, since it can only give its notice after examining two complementary evaluations. The Court of Appeal confirmed this decision and GDF decided to lodge an appeal to the Supreme Court.



The EWC must give its notice before the board’s meeting. Answering to the appeal lodged by the company, which stated that “the procedure of information and consultation of

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