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Legal expert report on the topic that provides a comprehensive overview of the issue across EU Member States

Communication of the EU Commission

The SE Directive only safeguards co-determination to the extent that it exists at the time of the SE's registration and does not provide for any adjustments thereafter (“before and after principle”)

The transformation of a company governed by national law into a European company (SE) must not reduce the participation of trade unions in the composition of the Supervisory Board

Basic information on the SE legal form and related procedures and employer obligations on the EU Website “Setting up a European Company (SE)”

Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees

Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids

Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation)

Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses

Directive 2008/94/EC on the protection of workers in the event of the insolvency of their employer