CELEX: C2004/228/03
Language: en
Date: 2004-09-11 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 15 July 2004 in Case C-349/01: Betriebsrat der Firma ADS Anker GmbH v ADS Anker GmbH (Social policy — Articles 4 and 11 of Directive 94/45/CE — European Works Council — Information and consultation of workers in Community-scale undertakings — Obligation for central management to provide certain information to employees' representatives)

11.9.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 228/2
            
         
      JUDGMENT OF THE COURT
   
   (Sixth Chamber)
   of 15 July 2004
   in Case C-349/01: Betriebsrat der Firma ADS Anker GmbH v ADS Anker GmbH (1)
   
   (Social policy - Articles 4 and 11 of Directive 94/45/CE - European Works Council - Information and consultation of workers in Community-scale undertakings - Obligation for central management to provide certain information to employees' representatives)
   (2004/C 228/03)
   Language of the case: German
   In Case C-349/01: reference to the Court under Article 234 EC by the Arbeitsgericht (Labour Court) Bielefeld (Germany) for a preliminary ruling in the proceedings pending before that court between Betriebsrat der Firma ADS Anker GmbH and ADS Anker GmbH on the interpretation of Articles 4 and 11 of Council Directive 94/45/EC of 22 September 1994 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 (OJ 1994 L 254, p. 64) — the Court (Sixth Chamber), composed of: V. Skouris, acting as President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet, F. Macken (Rapporteur) and N. Colneric, Judges; A. Tizzano, Advocate General; H.A. Rühl, Registrar, gave a judgment on 15 July 2004, the operative part of which is as follows:
   Article 4(1) and Article 11 of Council Directive 94/45/EC of 22 September 1994 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.
   
      (1)  OJ C 369 of 22.12.2001.