S.L. 452.94 Art. 7Decision not to open or to terminate negotiations.

(1) Subject to subregulations (2) and (3), the special negotiating body may decide not to open negotiations with the competent organs of the participating companies or to terminate any negotiations already opened, and to rely on the rules of information and consultation in force in the Member states where the SE has employees.

(2) The majority required to decide not to open or to terminate negotiations shall be the votes of two thirds of the members representing at least two thirds of the employees, including the votes of members representing employees employed in at least two Member States.

(3) The special negotiating body cannot take the decision referred to in subregulation (1) in relation to an SE to be established by transformation if any employees of the company to be transformed have participation rights.

(4) The special negotiating body shall be reconvened only if the employees or employees’ representatives make a valid request, which request shall be:

(a) in writing;

(b) made by at least 10% of the employees of, or by employees’ representatives representing at least 10% of the employees of -

(i) the participating companies, concerned subsidiaries and establishments, or

(ii) where the SE has been registered, the SE, its subsidiaries and establishments; and

(c) at the earliest, two years after the decision made under subregulation (1) was or should have been published in accordance with regulation 6(5) unless the special negotiating body and the competent organs of the participating companies, concerned subsidiaries and establishments or, where the SE has been registered, the SE agrees to the special negotiating body being reconvened earlier.