EU: employee participation on the supervisory board and employees working outside of Germany

The Court of Justice of the European Union gave judgment yesterday in Konrad Erzberger v TUI AG (Case C-566/15). Under German law (as interpreted by case law and understood by some, but not all, writers) only employees employed in Germany are permitted to elect employee representatives to the supervisory board. At issue before the court was whether this provision was contrary to EU law. The court held that it was not. A summary of the decision is available here (pdf).