ACID TEST ECJ [European Court of Justice]: The EU Commission's opinion on the TUI case - A critical commentary

Professor Dr Rüdiger Krause, a renowned jurist from Göttingen, has serious doubts as to whether the EU Commission's legal position on the pending so-called 'TUI Case' is tenable at the ECJ. In his opinion, he does not see any legal reasons for an EU Member State to restrict certain voting rights in the context of co-determination to its national territory. Were the ECJ to pursue this argumentation, this would not only endanger employee participation in supervisory or administrative boards of companies in Germany but also in many other EU Member States. The legal uncertainty for companies as well as for employees would increase.