According to the Attorney General, German co-determination law complies with European law

German co-determination law stipulates that only the employees of a group employed in Germany are entitled to vote and can be elected to the election of employee representatives to the supervisory board. In the opinion of the Advocate General at the European Court of Justice, this is not objectionable under European law, as can be seen from his opinion in case C-566/15.

facts
In the underlying proceedings, a TUI AG shareholder objected to the composition of the supervisory board. In his opinion, the German codetermination law violates the freedom of movement of workers within the European Union and the general ban on discrimination on grounds of nationality. He sued the Berlin Court of Appeal, which asked the European Court of Justice for a preliminary ruling.
European law conformity
The Advocate General at the European Court of Justice did not agree with the plaintiff's opinion. In his opinion, the German right to co-determination does not violate the freedom of movement for workers, nor does it constitute discrimination on grounds of nationality. In principle, the TUI Group employees employed abroad did not fall within the scope of protection of the free movement of workers. This only protects employees who either actually make use of this right, intend to do so or have already done so by leaving their home country to carry out an economic activity in another member state of the European Union. However, this does not apply to many of the TUI Group's employees working abroad. The TUI Group employees employed in Germany who would like to move to another group company abroad are not restricted in their freedom of movement by losing their active or passive right to choose. According to the Advocate General, even if there were a restriction on the free movement of workers, it would in any case be justified since it was an expression of certain legitimate economic and social policy decisions incumbent on the Member States. The German co-determination regulation is an essential part of the German labor market and the German social order. An extension of the German regulation to foreign workers would require that its fundamental characteristics would have to be changed. A member state is not obliged to do this.
outlook
After this procedure initially raised fears in the press that an essential pillar of the post-war German economic model was at stake, the all-clear can now be cautiously given. The European Court of Justice is not bound by the Advocate General's opinion. In fact, however, he follows his suggestions in about ¾ of all cases.