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The participation right of employees to the administration and supervision of companies is an aspect that may have a significant influence on the profile of a cross-border merger. In European Law, this right is protected through article no. 16 of the Directive 2005/56/EC on cross-border mergers, completed with Regulation(EC) 2157/2001 in the Statute for a European company and with Directive 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employee. The current study aims to offer an analysis of the transposition of the Article 16 of Directive 2005/56/CE on cross-border merger in the national laws of some Member States and to underline the differences between the legal regimes in these legal systems. The research is of interest in the domain, whereas the level of employee participation in different states and a comparative perspective are criteria taken into consideration in the make-decision process regarding the country where the resulting company from a cross-border merger shall set up its headquarter.

EMPLOYEES PARTICIPATION RIGHTS - THE TRANSPOSITION OF THE ARTICLE 16 OF DIRECTIVE 2005/56/CE ON CROSS-BORDER MERGER IN THE MEMBER STATES