Court of Justice of the EU (CJEU) will decide on Democracy at Work

Article in Social Europe

Nora Back, Patrick Dury and Reiner Hoffmann presidents and chair of the Independent Luxembourg Trade Union Confederation (OGBL), he Luxembourg Confederation of Christian Trade Unions (LCGB) and the German Trade Union Confederation (DGB) have published an article in Social Europe. Together they explain the issue at stake and call that guaranteed seats and separate election of trade union representatives on the supervisory board must also be ensured in the SE established by conversion. 

Read the full article here in English and in German.


A hearing was held on February 7th by the Grand Chamber in Luxembourg, which goes back to the joint action by ver.di and IG Metall, the two biggest affiliates of the German Confederation of Trade Unions (DGB), against SAP.

The German Federal Labour Court (Bundesarbeitsgericht) referred the underlying legal question to the ECJ: can the national legislature make the participation of trade union representatives on a supervisory board mandatory, even if a national public limited company is converted into an SE?

The Federal Labour Court agreed that the agreement between the special negotiation body and the company stating that the independent ballot for trade union representatives could be abolished is null and void.

The German government as well as the European Commission supported the trade unions´ position in the proceedings before the ECJ.

The next step will take place on April 28th, when the advocate general of the ECJ will deliver his opinion. Only then will the court pronounce.