French Labour Code
In forceThe 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, shall be taken by a two-thirds majority of the members of the special negotiating body, coming from at least two Member States and provided that they represent at least two-thirds of the employees of the participating companies, subsidiaries and establishments concerned. In this case, the provisions of Chapter III shall not apply. Such a decision may not be taken in the case of a société européenne formed by transformation where there is a system of participation in the company which is to be transformed.
Where participation concerns a proportion of the total number of employees employed by the participating companies of at least 25% in the case of a European Company formed by merger, and of at least 50% in the case of a European Company formed by holding company or joint subsidiary, and where the special negotiating body intends to set a number or proportion of the members of the supervisory or administrative body through which employees exercise their participation rights at a level lower than that which was the highest within one of the participating companies, the decision shall be taken under the majority conditions provided for in the second paragraph.
