Chapter III: Committee of the company resulting from the cross-border operation and employee participation in the absence of an agreement

Where the participation of employees within the companies participating in the cross-border operation concerns at least one third of the total number of employees employed by these companies, or where this threshold is not reached and the special negotiating body so decides, the form of employee participation in the administrative or supervisory body of the company resulting from the operation shall be determined after examination of the different national systems…

If only one form of employee participation exists within the participating companies, this system shall be applied to the company resulting from the cross-border merger, taking into account, for its implementation, the proportion or, as the case may be, the highest number of members concerned by participation rights in the administrative or supervisory body. If several forms of employee participation exist within the participating companies, the special negotiating body shall…

In the absence of an agreement by the special negotiation body on the choice of the form of employee participation, the directors of the companies participating in the cross-border operation determine the form of participation applicable. The applicable system is always based on the highest proportion or number of members of the administrative or supervisory body concerned by employee participation rights.

Where the applicable form of employee participation consists of recommending or opposing the appointment of members of the administrative or supervisory body, the company committee determines the conditions under which this form of employee participation is exercised. Where the chosen form of employee participation is election, the procedure is carried out in accordance with Articles L. 225-28 to L. 225-34 and L. 225-80 of the Commercial Code, with the exception…

Once the number of seats on the administrative or supervisory body has been determined under the conditions provided for in Article L. 2373-7, the committee of the company resulting from the cross-border operation shall ensure that they are allocated in proportion to the number of employees of the company employed in each Member State of the European Union. By way of derogation from the first paragraph, the committee shall, as…