Opinion of the Advocate General — ECLI:EU:C:2003:115
Date: 2003-02-27
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Social policy – Information and consultation of workers in Community-scale undertakings– Directive 94/45 – Information essential for the opening of negotiations for the establishment of a European Works Council – Request made to an undertaking in the group not in possession of that information – Obligation for the central management of the group or for the deemed central management, under Article 4(2) of the Directive, to provide that information (Council Directive 94/45, Art. 4(1), Art. 4(2), second subpara., and Art. 11) Article 4(1) and Article 11 of Council Directive 94/45 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees must be interpreted as meaning that Member States are required to impose on undertakings established within their territory and constituting the central management of a Community-scale group of undertakings for the purposes of Article 2(1)(e) and Article 3(1) of the directive, or the deemed central management under the second subparagraph of Article 4(2), the obligation to supply to another undertaking in the same group established in another Member State the information requested from it by its employees’ representatives, where that information is not in the possession of that other undertaking and it is essential for opening negotiations for the setting up of a European Works Council. (see para. 67, operative part)