European Works Council: ECJ underlines fundamental importance of employees' right to request information

The right of employees or their representatives to request information from their employers under the European Works Councils Directive constitutes a "necessary prerequisite" for determining whether a European-scale undertaking exists, which is itself a condition precedent for the setting up of a European Works Council or of a transnational procedure for informing and consulting employees, rules the European Court of Justice in Betriebsrat der bofrost (1) Josef H Boquoi Deutschland West GmbH & Co KG v Bofrost (1) Josef H Boquoi Deutschland West GmbH & Co KG 29.3.01 Case C-62/99. That right includes information as to the structure and organisation of an alleged Community-scale group of undertakings, and is not dependent on the prior identification of the controlling undertaking or central management of the group.