Workplace Report October 2004

Features: Law Other Law News

Information and consultation

EU-based multinational companies must provide the information needed to set up a European Works Council (EWC), if employee representatives in another company in the same group request it.

The facts

This case concerned a multinational company's obligation to provide information to employee representatives seeking to establish an EWC. Although the case was originally brought in Germany, its findings apply in the UK.

The ruling

The European Court of Justice held that a company whose central management is based in an EU member state must supply other undertakings in the same group with information needed for the establishment of an EWC, if that information is requested by employee reps. All member states must impose this legal obligation on companies whose central management is located in their terrritory.

Betriebsrat der Firma ADS Anker GmbJ v ADS Anker GmbH, Case C-349/01