Secondment to the European Works Council
The law on European works councils of October 28, 1996 (EBRG) regulates the right of employees in larger companies and groups of companies operating throughout the Community to cross-border information and consultation. According to a resolution of the Seventh Senate of April 18, 2007 (7 ABR 30/06), the domestic employee representatives are appointed to a European works council formed by a group of companies operating throughout the Community, provided there is no group works council but several general works councils, in accordance with § 23 para. 3a EBRG at a joint meeting of the central works councils. The chairmen of the works councils not represented on the central works councils and their deputies, who are considered general works council members, must be included here. The EBRG does not contain any regulations regarding the review of the legality of the appointment of domestic employee representatives in the European Works Council. Decisions regarding appointments, like other internal works council elections, are therefore subject to judicial review in accordance with Section 19 BetrVG.