A European Works Council shall be established in accordance with the provisions of this chapter in the following cases:
1° Where the head of the Community-scale undertaking or dominant undertaking refuses to set up a special negotiating body or to open negotiations within six months of receipt of the request provided for in Article L. 2342-4 ;
2° Where the special negotiating body has not concluded an agreement within three years of receipt of the request provided for in article L. 2342-4 or of the initiative taken by the company or group management, without prejudice to the provisions of article L. 2342-8.
The European Works Council is constituted and meets at the latest at the end of a period of six months following the expiry of the six-month or three-year terms mentioned in 1° and 2°.