14 Amendments of Philippe BOULLAND related to 2011/2046(INI)
Amendment 2 #
Draft opinion
Paragraph B a (new)
Paragraph B a (new)
Ba. having regard to the balanced approaches adopted by the Court of Justice of the European Union towards freedom of establishment of undertakings in the cases of Daily Mail and General Trust1, Centros2, Überseering3 and Cartesio4, 1 Judgment of 27 September 1988 in Case 81/87, Daily Mail and General Trust plc, ECR 1988, p. 5483. 2 Judgment of 9 March 1999 in Case C- 212/97, Centros, ECR 1999, p. 1459. 3 Judgment of 5 November 2002 in Case C-208/00, Überseering BV, ECR 2002, p. I-9919. 4 Judgment of 16 December 2008 in Case C-210/06, Cartesio, ECR 2008, p. I-9641.
Amendment 3 #
Draft opinion
Paragraph B b (new)
Paragraph B b (new)
Bb. whereas Articles 49 and 54 of the Treaty on the Functioning of the European Union guarantee freedom of establishment for all companies and firms; having regard, moreover, to the lack of consistency in legislation on transfers and on procedures for transferring the registered office or real head office of an existing company or firm incorporated under national law from one Member State to another, within the single market, and the associated risks in terms of employment,
Amendment 4 #
Draft opinion
Paragraph 1
Paragraph 1
Amendment 7 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for transfers of seat to maintain the continuity of the legal personality of the company or firm, in order to ensure its proper functioning;
Amendment 8 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls for transfers of seat to be guided by the principle of flexicurity in the interests of a more flexible market which accords better with the interests of workers and is free of obstacles but in which the rights of workers are respected and they are protected against dismissal;
Amendment 10 #
Draft opinion
Paragraph 3
Paragraph 3
3. Expects such a proposal to prevent abuses and fraud and to protect the interests of creditors, – particularly in the event of insolvency of a company or firm – minority shareholders and employees;
Amendment 13 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Encourages Member States to arrange for the legality of transfers to be monitored by a competent authority which in particular gives judgment on compliance with the obligations of all stakeholders;
Amendment 14 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for Directive 2001/86/EC on employee participation to become the main legal basis for transfers of seat, bearing in mind the provisions of labour law;
Amendment 15 #
Draft opinion
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Recommendation 2: EU legislation on the transfer of the registered office of a company or firm must include the following elements in order to ensure that employees are involvedhave the right to participate, while also guaranteeing their cohesion, and retain the protection and guarantees granted to their representatives, during and after the transfer: , for reasons of efficiency and legal certainty:
Amendment 16 #
Draft opinion
Paragraph 6 – indent 1
Paragraph 6 – indent 1
– legislative provisions on employees’ right of involvement, similar to those set out in Directive 2005/51/86/EC concerning merger the involvement of employees in European companies and European cooperative societies;
Amendment 20 #
Draft opinion
Paragraph 6 – indent 2
Paragraph 6 – indent 2
– in addition, the management body should consult employees about the legal and economic implications of the transfer by means of a report setting out the consequences for employees, presented at least one month before the general meeting decides whether or not to approve the proposed transfer; the consultation on the report should be accessible and free of charge for all workers and their representatives;
Amendment 22 #
Draft opinion
Paragraph 6 – indent 3
Paragraph 6 – indent 3
– the company’s rights and obligations – deriving from legislation, accepted practice and individual employment contracts or employment relationships – in respect of working conditions in the Member State of origin should continue to apply, as well as the activities of the bodies representing workers, should continue to apply during the transfer of the seat and following its registration in the host Member State;
Amendment 23 #
Draft opinion
Paragraph 6 – indent 3 a (new)
Paragraph 6 – indent 3 a (new)
– if the transfer entails a change in the structure of the company or firm, central management should – on its own initiative or in response to a written request by a number of workers decided by the social partners – take a decision to alter the composition of the bodies representing workers;
Amendment 24 #
Draft opinion
Paragraph 6 – indent 6
Paragraph 6 – indent 6
– the Member States should provide for effective legal remedies, with suspensive effect, for employees and their representatives so that employers can be forced to discharge their obligationscontractual or legal obligations at national and European level should they fail to do so;