Where no agreement has been concluded and the special negotiation body has not taken the decision provided for in the second paragraph of article L. 2362-7, employee participation in the European Cooperative Society is governed by the following provisions:
1° In the case of a European Cooperative Society constituted by transformation, if a participation system exists in the cooperative which is to be transformed, the level of participation rights is at least equivalent to that enjoyed by the employees ;
2° In the case of a European Cooperative Society constituted by any other means and where the participation within the participating legal entities reaches the thresholds set out in the third paragraph of Article L. 2362-7, the applicable form of participation is determined after examination of the different national systems existing within the participating legal entities.