The right of employees or their representatives to request information from their employers under the European Works Councils Directive constitutes a "necessary prerequisite" for determining whether a European-scale undertaking exists, which is itself a condition precedent for the setting up of a European Works Council or of a transnational procedure for informing and consulting employees, rules the European Court of Justice in Betriebsrat der bofrost Josef H Boquoi Deutschland West GmbH & Co KG v Bofrost Josef H Boquoi Deutschland West GmbH & Co KG.
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