Die Gestaltung der Mitbestimmung in der Europäischen Aktiengesellschaft (SE)

To enable co-determination in a societas Europaea, European legislators turned to a negotiated settlement, which stipulates signing a participation agreement. If no agreement can be reached, a fallback comes into play which guarantees the provision of co-determination in the founding companies. In this study, the author examines the legal framework of the participation agreement and its dogmatic foundations. The negotiation settlement opens up interesting organisational alternatives that can be implemented in practice, which the author focuses on in his investigations. He provides a detailed presentation of the general parameters of the scope of the agreement’s autonomy and deals with certain individual provisions. In addition, he demonstrates differences in information and consultation, reviews numerous issues which have not yet been satisfactorily resolved and introduces his own solutions to them into the academic debate on this subject.