Established SEs
1077
04 Feb 2012
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07/12/2011 - News on European Companies (December 2011)
By 1 December, the number of SEs in the European Company (SE) Database (ECDB) had reached almost 1,000: currently, the ECDB lists exactly 993 companies. Since the last News (1 September 2011), 85 new SEs have been registered. 25 European countries now host European Companies. In the last three months, the first SEs appeared in Italy and Malta and there is an SE again in Finland. These were not “real” establishments, but transfers of seat from another EU country. Regarding the number of seat transfers compared to earlier trends, relatively many – six companies – moved their registered office from one country to another between September and December 2011. Meanwhile, only one company – in Sweden – has been transformed into a national form. In addition to the already registered companies, the ECDB currently provides information on 11 planned SEs.
More information in the Newsletter.
07/12/2011 - Update: SE facts and figures
The set of slides prepared by the ETUI provide basic facts and figures on the European Company (SE), based on data from the SE Factsheet database. The slides are available for free at the worker-participation.eu website (opens in new window).
09/11/2011 - ETUI report: Board-level employee representation rights in Europe
17 European Member States and Norway have enacted legal provisions allowing for employee representation, with voting rights, on the supervisory board and/or board of directors of companies headquartered on their national territory. Additional provisions regulating Board-level employee representation [BLER] are to be found in several pieces of European company law. Even so, BLER remains a hotly debated topic at both national and European levels. This report presents the ins-and-outs of BLER, describing the current situation, potential future developments, and the issues at stake. It aims to provide an overview of BLER rights as well as of the major trends to have emerged in recent years. In this way, information gleaned through the SEEurope network helps to answer a key question, namely, is BLER in Europe under pressure? (Available in English and German)
Author: Aline Conchon
Further information and download (opens in new window)
09/11/2011 - New book: Worker involvement in the European Company (SE) - A handbook for practitioners
In October 2001, the EU formally adopted the legislation on the European Company, also known by its Latin name Societas Europaea (SE). This handbook aims to ensure that the new opportunities for employee representation at European level which these new SE rules provide, are seized. It has been designed first and foremost to help practitioners to prepare and conduct negotiations on agreements on employee involvement in SEs. The handbook introduces the SE and its mechanism of employee involvement. It explains the negotiation procedures and provides ‘tips and tricks’ for a decent preparation of negotiations. Based on the experience of several experts, it gives an overview of key aspects of an SE agreement and includes an extensive set of overviews, graphics and comparative tables.
Author: Michael Stollt, Elwin Wolters
More information and download (opens in new window)
01/09/2011 - News on European Companies (September 2011)
As far as the establishment of SE is concerned the summer proved to be a very dynamic period. As of September 2011, a total of 909 registered SE companies were listed in the ETUI’s European Company Database (ECDB), 92 more than at the time of the previous update (June 2011). The significant growth in the number of SE registrations is still largely due to the establishment of shelf companies in the Czech Republic. New shelf producers keep appearing on the market, and the signs are that the SE is becoming an everyday alternative to national company forms. The total number of SE companies in the Czech Republic is 509 (66 more than three months ago). This makes up more than half the total number of SEs in Europe. Summarising the September 2011 figures:
Normal: 189
Shelf: 126
Empty: 96
UFO: 498
Total: 909
(for the definitions see lexicon)
More information in the newsletter
13/06/2011 - News on European Companies (June 2011)
As of June 2011, a total of 817 registered SE companies were listed in the the ETUI’s European Company Database (ECDB), 66 more than at the time of the previous update (March 2011). Meanwhile, one company in the UK has been removed from the national register and two German SEs (one of them was ‘normal’) were transformed. In addition to the already registered companies, the ECDB currently provides information on 14 planned SEs.
In January and February quite a few normal SEs were registered, but only three new SEs (2 German and 1 Hungarian) were added to the category after March 2011. Five more – earlier registered – Czech SEs were also moved to the ‘normal’ category. The number of ‘normal’ companies is currently 183 (two – previously normal – companies were moved to other categories).
The number of UFO companies again increased the most, largely due to the establishment and activation of shelf companies in the Czech Republic. Two new shelf producers have appeared on the market recently, so the growth will probably continue. The number of SE companies in the Czech Republic is currently 443 (59 more than three months ago).
Summarising the current numbers (March 2011 figures in brackets), there are:
817 (751) established SEs, of which:
13/06/2011 - Several new SE articles in Transfer 2/2011
Transfer: European Review of Labour and Research May 2011
Further information: click here (opens in new window)
Michael Stollt and Norbert Kluge: The potential of employee involvement in the SE to foster the Europeanization of labour relations
This article looks at recent developments with regard to employee involvement in the European Company (SE) and in this light analyses the SE’s impact on European industrial relations. The article argues that the SE has indeed brought some innovation and new impetus at both national and European level. Thus, the SE might be better than its poor ‘reputation’ might suggest. This is all the more true with regard to the limited (new) rights granted by the SE legislation and the background of its introduction: the SE was never meant primarily as a social policy instrument, but rather to foster the cross-border mobility of companies in the EU internal market.
Robbert van het Kaar: The European Company (SE) Statute: up against increasing competition?
Companies have been able to adopt the statute of a European Company (Societas Europaea or SE) for some six years now.1 In the meantime, a number of alternatives to the SE statute have emerged, including the cross-border merger and the proposal for a European Private Company (Societas Privata Europaea or SPE). This article shows that current SE legislation can be considered as the temporary pinnacle of employee involvement at EU level, with the main danger for employee participation rights seeming at present to come from European Court of Justice case-law on the freedom of establishment, which poses fundamental problems to participation.
Jan Cremers: Are you being served? The consultation procedure on the functioning of the European Company Statute
27/04/2011 - News from the ETUI’s European Company (SE) Database
Also in 2011, the number of European Companies (SE) keeps on growing. By the end of April, 786 SEs had been registered in 22 countries out of the "EU-27+3" (Norway, Liechtenstein and Iceland). Although Germany is home to almost half of the identified "normal SEs" (that is, SEs with employees and business activities), the Czech Republic has by far the highest score with regard to the overall number of SEs (413 SEs). Unfortunately, little is known about the employee figures of the Czech SEs due to the lack of a European SE registry and the small average size of the SEs in the Czech Republic. Besides these two countries, other significant SE home countries today are the UK, the Netherlands, France, Slovakia, Luxemburg, Austria, Cyprus and Sweden. The "TOP-10" SE countries together host 94 per cent of all SEs. Only in a minority of 70 SEs has an agreement on employee involvement been concluded, however. In 34 SEs, employee board-level participation has been enshrined, on top of the establishment of an SE Works Council. More than 110 employee board-level representatives from 11 countries now represent the workers' voice on the supervisory or administrative board of their SE. A more in-depth graphical analysis of SE developments can be found in the section "SE Facts and Figures" on the worker-participation.eu website (opens in new window)
12/03/2011 - News on European Companies (March 2011)
As
of March 2011, a total of 751 registered SE companies are listed in the ECDB
(SE factsheets): 58 new SEs have been added to the database since the previous newsletter (January 2011). Meanwhile, five SEs (two empty and three UFO companies)
were deleted from national registers and two (normal) SEs were transformed. In addition to
the already registered companies, the ECDB currently provides information on 17
planned SEs.
In
comparison to previous months, relatively many - eight (8) - normal SEs were
registered in January and February 2011. The eight companies represent five
countries: four (4) companies in Germany and one (1) each in Latvia,
Netherlands, France and Lithuania (the first SE in the country). Three
more - earlier registered - SEs were also moved to the ‘normal' category. The
number of ‘normal' companies is currently 178.
As
in previous months, the number of UFO companies increased the most, largely due
to the establishment and activation of shelf companies in the Czech Republic
and, to a lesser extent, in Germany. The number of SE companies in the Czech
Republic is currently 384 (40 more than two months ago).
To
summarise the current numbers (January 2011 figures in brackets), there are:
More information can be found in the Newsletter (Subscribed users only)
12/03/2011 - Update: SE facts and figures
The set of slides prepared by the ETUI provide basic facts and figures on the European Company (SE), based on data from the SE Factsheet database. The slides are available for free at the worker-participation.eu website (opens in new window).
07/01/2011 - Update: SE facts and figures
The set of slides prepared by the ETUI provide basic facts and figures on the European Company (SE), based on data from the SE Factsheet database. The slides are available for free at the worker-participation.eu website (opens in new window).
06/01/2011 - News on European Companies (January 2011)
The year 2010 ended with a total of 700 registered SE companies. 42 SEs have been added to the database since the previous update (November, 2010). The ECDB (SE Factsheets) also provides information on 15 planned SEs.
However, the number of UFO companies increased the most, due to activation of shelf companies in the Czech Republic and Germany. Only three new companies were added to the ‘normal’ category. The number of ‘normal’ companies is currently 169.
Two recently established ‘normal’ SEs were registered in Germany (former ‘planned’ companies, Aixtron SE and Berner SE), both formed by conversion and retaining their two-tier systems.
The Acon Group SE was formed by a subsidiary (the SE probably has a close link to Navigator Equity Solutions SE) in the Netherlands. The exact date of the Acon Group SE’s registration is not known.
As regards employee involvement in these companies, little is known so far. The supervisory boards of Aixtron SE and Berner SE consist of nine members each, with no employee representatives. More information will be available on the new ‘normal’ SEs in the coming months.
To summarise the current numbers (November 2010 figures in brackets), there are:
700 (658) established SEs, of which:
More information can be found in the Newsletter (Subscribed users only)
22/11/2010 - Worker participation: a ‘burden’ on the European Company (SE)?
New publication: Jan Cremers, Norbert Kluge and Michael Stollt (2010) Worker participation: a ‘burden’ on the European Company (SE)? - A critical assessment of the EU consultation process
In March 2010, the EU Commission finally made available the so-called ‘Ernst and Young study’ on the operation and the impacts of the Statute for a European Company. Shortly afterwards the Commission launched an online consultation on the results of the study. In July 2010, the European Commission produced a summary report on the replies to the online consultation.This ETUI paper brings together a critical analysis of the consultation procedure, the Commission consultation summary and the ETUI’s reply to the consultation on the Ernst&Young study. more (opens in new window)
22/11/2010 - Commission Report on the application of the Statute for a European Company (SE)
"The European Commission has presented a Report to the European Parliament and the Council on the application of the Regulation on the Statute for a European Company (SE). This Report is part of the review process of the SE Regulation. The Report includes a description of the positive and negative factors, which influence setting up an SE and highlights trends on the distribution of SEs throughout the EU. It also analyses the main problems encountered when setting up and running an SE. An accompanying Commission Staff Working Document supplements the assessment. It takes inventory of SEs and analyses the flexibility of relevant national legislation in the different Member States." Available here (opens in new window).
09/11/2010 - Update: SE facts and figures
The set of slides prepared by the ETUI provide basic facts and figures on the European Company (SE), based on data from the SE Factsheet database. The slides are available for free at the worker-participation.eu website (opens in new window).
04/11/2010 - News on European Companies (November 2010)
After a relatively quiet summer period, there has been movement again in the ‘SE market’ in the past two months. In total, 36 SEs have been added to the database since the previous update (1 September 2010). At the time of writing, the ECDB (SE Factsheets) provides information on 658 established and 18 planned SEs.
Five new and four previously registered companies were added to the ‘normal’ category. The number of ‘normal’ companies is currently 166. Four recently established ‘normal’ SEs were registered in Germany (former ‘planned’ companies), all formed by conversion and retaining their two-tier systems. Kaldron SE was also formed by conversion (previously Kaldron N.V.) in the Netherlands. As regards employee involvement in these companies, little is known so far. The supervisory board of Germanischer Lloyd SE consists of an unchanged nine members, with six shareholder and three employee representatives.
To summarise the current numbers (September 2010 figures in brackets), there are: 658 (622) established SEs, of which:
02/09/2010 - News on European Companies (September 2010)
In total, 21 SEs have been added to the database in the two months since the previous update. At the time of writing, the ECDB (SE Factsheets) provides information on 622 established and 19 planned SEs.
Two new and three previously registered companies were added to the ‘normal’ category.
The three recently established ‘normal’ SEs were all registered in Germany and formed by conversion. Dekra SE retained its two-tier system. The properly established SNB granted information/consultation procedures, as well board-level representation rights to the employees.
In the case of net SE, which is a medium-sized company, the SNB decided not to enter into negotiations. The company changed its previous two-tier system to a monistic one after conversion. No information is available yet on employee involvement in the case of Ortwin Goldbeck Holding SE.
To summarise the current numbers (July 2010 figures in brackets), there are:
622 (601) established SEs, of which:
06/07/2010 - New article (in Dutch): The SE in the Netherlands - Opportunities and risks for worker participation
In the journal Zeggenschap, Elwin Wolters and Jan Cremers provide an overview of worker involvement in Dutch SEs. Their article 'The European Company (SE) in the Netherlands – Opportunities and risks for worker participation' analyses the consequences for worker involvement in the Netherlands in respect of specific Dutch SE characteristics, such as the high number of transfers of seats and the favourable tax regime. The article is available in Dutch. more (opens in new window)
06/07/2010 - European Commission publishes consultation synthesis on European Company (SE) study
The European Commission has published a synthesis of the comments on the consultation on the results of the so-called 'Ernst and Young study' on the operation and impacts of the European Company statute (SE). Altogether, the EU Commission received 69 responses from 18 different countries and a range of backgrounds. The synthesis document and the individual responses can be found here. more (opens in new window)
05/07/2010 - News on European Companies (July 2010)
In total, 58 SEs have been added to the database in the three months since the previous update. At the time of writing, the ECDB (SE Factsheets) provides information on 601 established and 19 planned SEs. (At least) 151 companies or so are considered ‘normal SEs’. Only three recently established SEs were added to this category, all of them registered in Germany.
Two of the three recently established ‘Normal’ companies were formed by conversion – Cloppenburg Automobil SE and BP Europa SE – and retained their two-tier system. In accordance with the ‘before and after’ principle, only BP granted board-level participation rights to its employees.
In the case of Ortus SE, which is a small company with 11 employees, details on employee involvement are not yet known.
Twelve – already established – SEs were re-categorised as ‘Normal’, as some information became available about them. Details about employee involvement – apart from Clariant SE – are still not known, however.
To summarise the current numbers (April figures in brackets), there are:
601 (543) established SEs, of which:
151 (136) normal;
83 (76) empty;
290 (259) UFO + Micro-SE;
77 (72) shelf.
More information in the Newsletter (Subscribed users)
30/06/2010 - Seminar "European company law and corporate governance - importance for worker board-level reps"
The European Worker Participation Competence Centre (EWPCC) of the ETUI has begun a series of seminars designed to examine, in particular, the qualification requirements of board members representing the workforce of European (SE) and other Transnational Companies.
On 2 and 3.6.2010 twenty board members serving as "non-executive directors" in 13 companies came to Brussels to receive information about recent developments in European Company Law and European Corporate Governance by the EU Commission and the European Parliament, as well as by European academic experts. Earlier seminars concerned important practical topics like information policy of worker representatives or subjects suitable for taking own initiatives, such as the "Sustainable company" against the background of climate change. more (opens in new window)
10/06/2010 - "The SE remains an ambitious European project"
The debate on the Ernst&Young study, initiated by the European Commission on 26 May 2010 with around 120 participants, has not confirmed the Study\'s findings related to the role of workers’ participation as a ‘negative driver’, particularly detrimental to the attractiveness of this European company form. The SE study is the point of departure for the review of the SE Regulation. 2001/2157/EC. The Study’s sweeping conclusions were revised and subjected to detailed examination in particular via the contributions of practitioners, from both the employers’ and the employees’ sides. A comment on the conference by Dr Norbert Kluge, coordinator of the European Worker participation Competence Centre (EWPCC) at the European Trade Union Institute (ETUI), Brussels. more (opens in new window).
31/05/2010 - Update of SE Facts and Figures
The ETUI slides provide a visual overview of the current state of SE foundations in Europe. Click here to access the slides (opens in new window).
31/05/2010 - SEEUROPE - National Report "The European Company in Spain"
31/05/2010 - ETUI reply to EU Commission consultation on SE regulation
The European Commission has launched a public consultation on the results of the Study on the operation and the impacts of the Statute for a European Company (SE). The deadline for responses was 23 May 2010. You can read and download ETUI's reply to the consultation here (opens in new window).
28/05/2010 - Review of SE legislation
The European Commission has started the review of the European Company Statute as foreseen in Art. 69 SE of the SE Regulation. In our new section on www.worker-participation.eu we follow-up the discussions and proposals with regard to a possible revision of the SE legislation. Click here to visit the review section (opens in new window).
28/05/2010 - News section
The SE Factsheet team is happy to provide you as from today in our "News" section with latest information on the SE Factsheets website and on European Companies in general.
