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The ZAAR conference proceedings "News on negotiated co-determination" for the 18th ZAAR Congress in Munich on April 19, 2024 has been published.
Key topics and theses of the Conference Proceedings:
- Impact of SAP Case Law on Other Elements of German Co-Determination in the SE (Senior Executive Representatives, Election Procedures)? Thesis: The risk of invalidity of many SE Employee Involvement Agreements.
- Shelf SEs are free from co-determination because the statutory default rules lead to co-determination exemption (strict before-and-after assessment). However, a different outcome may result from abuse control.
- Abuse control in transformation law register procedures has a limited scope. Transformation projects aimed at more favorable co-determination conditions are protected by the freedom of establishment. The "freezing effect" is a core component of the European co-determination model.
- If a domestic SE is the absorbing company in a cross-border merger, no negotiation procedure under the MgVG is required.