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Article L2352-4 of the French Labour Code

Where a European Company is formed by means of a merger and at least one participating company loses its own legal existence and is not directly represented by a member of the special negotiating body, the latter shall include, in addition to the seats allocated in accordance with article L. 2352-3, one or more additional seats. However, regardless of the number of companies involved, the number of additional members may…

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Article L2352-5 of the French Labour Code

The members of the special negotiating body are appointed by the employee trade union organisations from among their elected representatives on the social and economic committees or their trade union representatives, on the basis of the results of the most recent elections. The same applies to the employee representatives of the participating companies, subsidiaries or establishments concerned located in France and belonging to a European Company located in a State…

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Article L2352-6 of the French Labour Code

Where there is no trade union organisation in the European Company whose registered office is in France, employee representatives on the special negotiating body are elected directly in accordance with the rules applicable to the social and economic committee. The same applies when there is no trade union organisation in the establishment or company based in France and belonging to a European Company.

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Article L2352-7 of the French Labour Code

If substantial changes occur during the negotiations, in particular a transfer of seat, a change in the composition of the European Company or a change in the workforce likely to lead to a change in the distribution of seats of one or more Member States within the special negotiating body, the composition of the latter shall be modified accordingly.

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Article L2352-8 of the French Labour Code

Disputes relating to the appointment of the members of the special negotiating body and the employee representatives on the committee of the European Company whose registered office is in France, as well as the employees of the participating companies, establishments or subsidiaries located in France, shall be brought before the courts.

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Article L2352-9 of the French Labour Code

The managers of the companies participating in the formation of the European Company shall invite the special negotiating body to meet and to this end shall inform the staff representatives and the managers of the establishments and subsidiaries concerned, who in the absence of staff representatives shall inform the employees directly, of the identity of the participating companies and the number of employees they comprise. Negotiations begin as soon as…

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Article L2352-12 of the French Labour Code

In order to negotiate, the special negotiating body may be assisted by experts of its choice at any level it deems appropriate. These experts participate in the meetings of the group in an advisory capacity. All participating companies shall bear the expenses relating to the negotiations and the assistance of a single expert.

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Article L2352-13 of the French Labour Code

The special negotiating body takes its decisions by an absolute majority of its members, which must also represent an absolute majority of the employees of the participating companies, subsidiaries and establishments concerned. By way of derogation from these provisions, the decision not to open negotiations or to close negotiations already opened and to apply the rules on information and consultation in the Member States where the European Company has employees,…

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