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PR(05)08: Reasoned opinion to Liechtenstein for failure to implement EEA rules on labour protection


The EFTA Surveillance Authority delivered a reasoned opinion to Liechtenstein today owing to that State’s failure to implement the Directive supplementing the Statute for a European company with regard to the involvement of employees (2001/86/EC).

The Directive governs the involvement of employees in the affairs of European public limited-liability companies (Societas Europaea, SE) as referred to in Regulation (EC) No 2157/2001 on the Statute for a European company (SE).

That Regulation aims at creating a uniform legal framework within which the companies from different EEA States should be able to plan and carry out the reorganization of their business on an EEA scale. The Directive, in turn, was adopted with a view to ensure that the establishment of a SE does not entail the disappearance or reduction of practices of employee involvement existing within the companies participating in the establishment of a SE.

Compliance with the Directive should have been ensured by Liechtenstein, either by implementation into national law by 8 October 2004, or by ensuring that by that date, at the latest, management and labour introduce the required provisions by way of agreement. The Authority has received no information from Liechtenstein to the effect that national measures necessary to comply with the Directive have been adopted.

The purpose of a reasoned opinion is to give the State in question a last chance to take corrective measures before the Authority decides whether to bring the matter before the EFTA Court. Liechtenstein has been given two months to take the measures necessary to comply with the reasoned opinion.

For further information, please contact: Mr. Niels Fenger (Director, Legal & Executive Affairs), tel. (+32)(0)2 286 18 30.

7 April 2005

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