What happens to national information, consultation and (board-level) participation rights?
The SE Directive does not touch on national information and consultation rights. The SE Works Council (representative body) does not replace an existing national works council or trade union representation. Instead it creates an additional level of transnational information and consultation rights. In general, this is also the case for board-level participation rights. If, for example, an SE is set up in the form of a newly founded holding SE on top of the national subsidiaries the board representation in the national subsidiaries remains untouched. However, if a national subsidiary ceases to exist as a legal entity the board-level participation ceases as well. In this case national information and consultation rights might be affected, for example, if a central or group works council had existed previously. The member states had the option to lay down a provision in their transposition laws that these representation structures be maintained after the registration of the SE. Another ex
