Vereinbarte Mitbestimmung und Aktionärsbeteiligung in der SE

The European Company (SE) is characterised by negotiable co-determination, which makes it attractive from the point of view of German companies in particular, despite incomplete legal regulations. However, the law assigns the negotiations on co-determination on the part of the companies exclusively to the so-called management bodies, although these are not only concerned with co-determination at an operational level, but also within the supervisory board. On the other hand, the law is extremely rudimentary on the participation of shareholders. It is precisely this shareholder participation that is the subject of the investigation, including its supplementation to a coherent system. Not only the formation procedure, but also the possibilities of participation are examined if there are renegotiations on the previously negotiated co-determination regime. Finally, the work deals with proposals to improve shareholder participation de lege ferenda.