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Case C-566/15: Judgment of the Court (Grand Chamber) of 18 July 2017 (request for a preliminary ruling from the Kammergericht Berlin — Germany) — Konrad Erzberger v TUI AG (Reference for a preliminary ruling — Free movement of workers — Principle of non-discrimination — Election of workers’ representatives to the supervisory board of a company — National legislation restricting the right to vote and to stand as a candidate to employees of establishments located in the national territory)
ECLI:EU:UNKNOWN:62015CA0566
62015CA0566
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11.9.2017
Official Journal of the European Union
C 300/3
(Case C-566/15) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Free movement of workers - Principle of non-discrimination - Election of workers’ representatives to the supervisory board of a company - National legislation restricting the right to vote and to stand as a candidate to employees of establishments located in the national territory))
(2017/C 300/03)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Konrad Erzberger
Defendant: TUI AG
intervening parties: Vereinigung Cockpit e.V., Betriebsrat der Tui AG/Tui Group Services GmbH, Frank Jakobi, Andreas Barczewski, Peter Bremme, Dierk Hirschel, Michael Pönipp, Wilfried H. Rau, Carola Schwirn, Anette Stempel, Ortwin Strubelt, Marcell Witt, Wolfgang Flintermann, Stefan Weinhofer, ver.di -Vereinte Dienstleistungsgewerkschaft
Operative part of the judgment
Article 45 TFEU must be interpreted as not precluding legislation of a Member State, such as that at issue in the main proceedings, under which the workers employed in the establishments of a group located in the territory of that Member State are deprived of the right to vote and to stand as a candidate in elections of workers’ representatives to the supervisory board of the parent company of that group, which is established in that Member State, and as the case may be, of the right to act or to continue to act as representative on that board, where those workers leave their employment in such an establishment and are employed by a subsidiary belonging to the same group established in another Member State.
(<span class="super">1</span>) OJ C 90, 7.3.2016.