European works councils

Workers in companies based in two or more European Union states have the right to request the establishment of a European works council (EWC).

The European Court of Justice (ECJ) has held that companies have to supply information about their structures and organisation group where requested. The ECJ says that this is a legal requirement even if it has not been established whether the company is the controlling undertaking within a group of undertakings. The court held that information relating to the structure or organisation of a group of undertakings must be supplied since it is essential to the opening of negotiations for the setting up of an EWC.

Betriebsrat der Bofrost Josef H Boquoi Deutschland West GmbH & Co KG v Bofrost Josef H Boquoi Deutschland West GmbH & Co [2001] IRLR 403