This book contains the results of a study of workers' rights to information, consultation and participation in EU and national law covering cross-border mergers, which was undertaken by the ETUI’s GOODCORP network of academic and trade union experts on company law and corporate governance. Based on an analysis of available statistics, nine national legal regimes and seven case studies, this book argues that the provisions for workers’ rights under the Directive are inadequate, both during the merger procedure and in the new post-merger entity. It remains to be seen whether the deficits identified in this study can be successfully addressed by the implementation of the EU Company Law Package, a new legislative initiative regulating different types of cross-border reorganizations.

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Table of contents

Aline Hoffmann: Foreword

Jan Cremers and Sigurt Vitols: Introduction

Blanaid Clarke: Chapter 1 - Worker rights under the Cross-border Mergers Directive 2005/56/EC: an introduction

Thomas Biermeyer and Marcus Meyer: Chapter 2 - Employee participation issues in cross-border mergers: key empirical findings

Andrew Pendleton: Chapter 3 - The effects of cross-border mergers on labour: big challenges, little evidence

Séverine Picard: Chapter 4 - ETUC recommendations regarding the Cross-border Mergers Directive: Get real, get employees involved and be consistent

Sigurt Vitols: Chapter 5 - An overview of national legal frameworks for cross-border mergers

Helmut Gahleitner: Chapter 6 - Austria

Maria Jauhiainen: Chapter 7 - Finland

Roland Köstler: Chapter 8 - Germany.

Christos A. Ioannou: Chapter 9 - Greece

Kevin P. O’Kelly: Chapter 10 - Ireland

Robbert van het Kaar: Chapter 11 - The Netherlands

Bernard Johann Mulder: Chapter 12 - Norway...

Sergio González Begega and Holm-Detlev Köhler: Chapter 13 - Spain

Bernard Johann Mulder: Chapter 14 - Sweden

Christos A. Ioannou: Chapter 15 - Greece: case studies of a mechanism for company ‘exit’ from a crisis-ridden country

Guy Van Gyes and Stan De Spiegelaere: Chapter 17 - Euler Hermes: introducing board-level representation into Belgium through a cross-border merger

Laura Horn: Chapter 18 - Implications of EU company law directives for worker involvement – a ‘best case’ study from Denmark

Holm-Detlev Köhler, Sergio González Begega and Miguel Martínez Lucio: Chapter 19 - Cross-border merger to form the International Consolidated Airlines Group, S.A. (IAG)

Jan Cremers, Aline Hoffmann and Sigurt Vitols: Conclusions - Towards a revision of the regulation of cross-border mergers

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