104. Federal Law, which enacts a federal law on the Statute of the European Cooperative Society (Societas Cooperativa Europaea-SCE)-(SCE-Law-SCEG) and the Cooperative Act, the Law of the Law, the Law of the Court of Justice, the Law of the Court of Justice, the Judicial insertion act 1962, the Banking Act, the Pensionskassengesetz (Pensionskassengesetz), the Austrian Stock Exchange Act, the Insurance Supervision Act, the Labour Constitution Act, the Federal Law on the Post-Business Constitution, the Labour and Social Courts Law and the Land Labour Act 1984. (Cooperative Law Amendment Act 2006-GenRÄG 2006)

The National Council has decided:

Article 1

Law on the Statute of the European Cooperative Society (Societas Cooperativa Europaea-SCE)-
(SCE-Law-SCEG)

1. Main item

General provisions

Purpose of the law, references

§ 1. (1) This federal law shall serve the purpose of the action of Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE),
Official Journal No OJ L 207 of 18 August 2003, S1 to 24.

(2) Where reference is made in this Federal Act to the "Regulation", it is to be understood as meaning Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE).

(3) Where reference is made in this Federal Act to a "Member State", the term "Member State" shall be understood as meaning the Member States of the European Union and the States Parties to the Agreement on the European Economic Area.

Publication in the Official Journal of the European Communities of the European Cooperative Society (SCE)

§ 2. The Court of First Instance shall have the information to be published pursuant to Article 13 of the Regulation within one month from the date of publication in the Edikts file (Section 10 (1) of the German Commercial Code, DRGBl. 219/1897), to the Office for Official Publications of the European Communities.

Acquisition of membership

§ 3. The Articles of Association may provide that persons who are not eligible for the use or production of the goods and the use or provision of the services of the European Cooperative Society (SCE) may be admitted as investing (non-commercial) members. can be.

Court

§ 4. The registration of the European Cooperative Society (SCE) and the tasks referred to in Articles 7, 29, 30, 54 (2) and 73 of the Regulation as well as the matters otherwise assigned to the General Court in this Federal Law shall be negotiated and shall be decided by the the Court of Justice of the Court of First Instance in proceedings other than disputes relating to the seat of the Cooperative, the Court of First Instance appointed to exercise jurisdiction in commercial matters.

Seat of the European Cooperative Society (SCE)

§ 5. (1) The statutes of the European Cooperative Society (SCE) shall designate the place of domiality in the territory of the country where the cooperative has a holding or where the management is located or where the administration is managed. This provision should be allowed to deviate for a good reason.

(2) A European Cooperative Society (SCE), based in Austria, shall place its head office in another State, it shall be requested by the Court of First Instance, within a reasonable period of time to be determined, either its head office again in To set up or relocate Austria in accordance with the procedure laid down in Article 7 of the Regulation. If, within this period, the European Cooperative Society (SCE) does not comply with the request, the General Court shall dissolve the European Cooperative Society (SCE). The request should be pointed out in this legal order. Recurse against the request or the resolution shall have suspensive effect.

2. Main piece

Transfer of the registered office of a European Cooperative Society (SCE) in accordance with Article 7 of the Regulation

Examination of the selaying of seats by the Supervisory Board and the auditor

§ 6. (1) The Supervisory Board of the European Cooperative Society (SCE) shall have the intended transfer of its registered office to another Member State on the basis of the report of the Executive Board (Art. 7 (3) of the Regulation) and to submit a written report on this.

(2) The intended seat is laid down in accordance with § § 2 and 3 of the Cooperative revision Act 1997, Federal Law Gazette (BGBl). I n ° 127/1999, to examine whether it is compatible with the interests of the members and the concerns of the creditors of the European Cooperative Society (SCE). The auditor shall report on the outcome of his examination in writing. The report is to be read in the General Assembly. The auditor is entitled to participate in an advisory session at the General Assembly.

Disclosure Plan Disclosure

§ 7. (1) The Management Board shall submit the transfer plan to the General Court at least two months before the day of the General Assembly, which is to decide on the transfer of the seat of the European Cooperative Society (SCE) to another Member State, and an indication of this submission in the information sheets of the company (Art. 12 of the regulation iVm § 18 of the German Stock Corporation Act 1965, BGBl. No 98/1965). In this publication, the members shall be informed of their rights pursuant to para. 2 and 3 and the creditors shall be informed of their rights pursuant to paragraphs 2 and 3 of this article and in accordance with § 8.

(2) At least during one month prior to the day of the General Assembly to decide on the transfer, the Cooperative shall be the seat of the Cooperative, the Management Plan, the report of the Executive Board, the audit reports of the Supervisory Board and the Revisors, and the annual accounts and the annual report, which were last prepared or were to be drawn up in accordance with the legal provisions, for the inspection of the members and the creditors.

(3) Upon request, a copy of the documents referred to in paragraph 2 shall be issued without delay and free of charge to each Member and each creditor.

(4) The documents referred to in paragraph 2 shall be laid down in the General Assembly. The Board of Management has to explain the plan of management orally at the beginning of the negotiations. The Management Board shall, before taking a decision on any substantial change in the assets or earnings situation of the Cooperative, which has occurred between the drawing up of the settlement plan and the date of the decision-making process, shall be the members of the Management Board. .

Creditor protection

§ 8. (1) If a European Cooperative Society (SCE) is established in another Member State, it shall be the creditors of the cooperative if they report in writing to this end within one month of the decision of the European Cooperative State for this purpose, for until the end of one month. Security shall be made available to the extent that they are unable to claim satisfaction. However, this right is only to be granted to creditors if they make it credible that the meeting jeopardises the performance of their claims.

(2) The certificate referred to in Article 7 (8) of the Regulation may not be issued until all creditors who have a right to security in accordance with paragraph 1 of this Article have been provided with adequate security.

Notification of transfer of the seat to another Member State, certificate pursuant to Article 7 (8) of the Regulation

§ 9. (1) All members of the Board of Management shall notify the proposed transfer of the registered office of the European Cooperative Society (SCE) to another Member State for registration in the Company Book. The application shall be accompanied by a copy, a copy or a certified copy:

1.		the lay-out plan (Art. Article 7 (2) of the Regulation);
2.		the minutes of the decision of the decision;
3.		the report of the Executive Board (Art. Article 7 (3) of the Regulation);
4.		the audit report of the supervisor (§ 6 para. 2);
5.		proof of publication of the mention of the submission plan (section 7 (1));
6.		the annual accounts and the annual report which were to be drawn up in accordance with the statutory provisions;
7.		proof of the guarantee of the creditors (§ 8) and the declaration that other than the satisfied or insured creditors have not reported within the period according to § 8.

(2) All members of the Board of Management shall declare to the Court that an action for dispute or a determination of the invalidity of the decision of the decision is not levied or withdrawn within one month of the date of the decision or that all Members have waived such an action by notarially assessed declaration. At the end of this period, such an action may no longer be brought. If the declaration cannot be submitted, the court shall act in accordance with § 19 FBG.

(3) The Court of First Instance has to examine whether the previous legal acts and formalities have been properly carried out and that the claims of the creditors (§ 8) are ensured. If this is the case, the registration shall be carried out and the certificate shall be issued in accordance with Article 7 (8) of the Regulation.

(4) In the event of the registration of the intended seat, the proposed new seat, the register to which the European Cooperative Society (SCE) is to be registered and the fact that the certificate has been registered in accordance with Article 7 (8) of the Regulation shall be stated. was issued.

(5) As soon as the transfer of the seat is entered in the new register, the Management Board, following the notification of the register of the new registered office, shall have the registration of the implementation of the siting and the deletion of the European Cooperative (SCE) to the Company Book. If this communication is not written in German, a certified translation into the German language is to be attached. The holding of the seat and the deletion of the European Cooperative Society (SCE) in the company register may only be carried out after receipt of the notification of the register of the new registered office via the new registration of the SCE (Art. 7 (11) of the Regulation).

Notification of transfer of the seat from another Member State to Austria

§ 10. (1) All members of the Management Board shall notify the transfer of the registered office of the European Cooperative Society (SCE) to Austria for registration in the Company Book.

(2) The members of the Board of Management shall have their name signed for storage at the court of law.

(3) In the case of registration, the existence of the European Cooperative Society (SCE) shall be proven as such. The application must include the facts to be entered in the Company Book pursuant to § § 3, 5b and 6 FBG.

(4) The application must be included in the original copy, copy or certified copy and, if the documents are not in German language, the application must be accompanied by certified translations into the German language:

1.		the Articles of Association in force and in the version for registration; the text of the Statute, as provided for in the registration, must be accompanied by a notary's assessment that the amended provisions of the Statute shall be accompanied by a decision on the the amendment of the statutes and the unchanged provisions shall be consistent with the text of the statutes in the current version;
2.		the lay-out plan (Art. Article 7 (2) of the Regulation);
3.		the minutes of the decision of the decision;
4.		the documents relating to the appointment of the Executive Board and the Supervisory Board;
5.		the report of the Executive Board (Art. Article 7 (3) of the Regulation);
6.		the annual accounts and the management report which were last drawn up or were last drawn up in accordance with the legal provisions;
7.		the certificate issued by the competent authority of the previous Member State in accordance with Article 7 (8) of the Regulation;
8.		an extract from the register of the former seat, which may not be older than the certificate;
9.		Proof of the assurance of admission to a review board (Section 24 (2) GenRevG 1997).

(5) Weiters shall declare to the Court of First Instance all members of the Executive Board that the European Cooperative Society (SCE) does not have any proceedings for liquidation, liquidation, insolvency or preliminary insolvency, nor any proceedings against the European Cooperative Society (SCE). the same procedure is pending.

3. Main piece

Establishment of a European Cooperative Society (SCE)

Section 1

Establishment of a European Cooperative Society (SCE) by merger

Examination of the merger

§ 11. (1) The merger auditor (Art. Article 26 (1) of the Regulation) shall be appointed by the Supervisory Board or, if no Supervisory Board exists, by the General Assembly for each of the cooperatives involved.

(2) The examination by a joint auditor for all the cooperatives involved (Art. Article 26 (2) of the Regulation) shall be admissible if, at the joint request of the management or administrative bodies, the examiner is appointed by the court in whose sprint one of the cooperatives involved is situated. In this case, Section 270 (5) of the German Commercial Code (HGB) applies.

(3) The proposed merger is for each participating cooperative with its registered office in Germany by one according to § § 2 and 3 of the Cooperative revision Act 1997, BGBl. I No 127/1999, to examine whether it is compatible with the interests of the members and the concerns of the creditors of the cooperative. The auditor shall report on the outcome of his examination in writing. The report is to be read in the General Assembly. The auditor is entitled to participate in an advisory session at the General Assembly.

Disclosure of the merger plan

§ 12. (1) Section 221a (1) of the German Stock Corporation Act (AktG) shall apply with the proviso that the information referred to in Article 24 (2) of the Regulation shall be included in the publication of the reference to the submission of the draft terms of merger and that the members shall be entitled to their rights under Article 25 of the Regulation shall be noted.

(2) In the General Assembly, the documents referred to in Article 25 of the Regulation and the audit report of the Revisors shall be laid down. The Management Board shall explain the merger plan orally at the beginning of the negotiation.

Right of dismissal of overvoted Members

§ 13. For members who have spoken out against the merger, § § 9 to 11 of the Cooperative Merger Act, BGBl. No 223/1980.

Protection of creditors and the protection of other debt-related parties

§ 14. If a cooperative transfers its assets to a European Cooperative (SCE) based in another Member State, § 8 shall apply mutatily. Moreover, the certificate referred to in Article 29 (2) of the Regulation may not be issued until such time as it is ensured that equivalent rights are granted to holders of debt securities and right-of-enjoyment rights.

Notification of the proposed merger by transfer of the assets of a cooperative based in Austria to a European Cooperative Society (SCE) based in another Member State, certificate pursuant to Article 29 (2) of the Regulation

§ 15. (1) All members of the Management Board of a cooperative who transfers their assets to a European Cooperative Society (SCE) having their registered office in another Member State shall notify the proposed merger for registration in the Company's register. The application shall be accompanied by a copy, a copy or a certified copy:

1.		the merger agreement or its draft (Art. 22 of the Regulation);
2.		the minutes of the merger decision of the transferable cooperative;
3.		if the merger requires a regulatory approval, the certificate of approval;
4.		the merger report (Art. 23 of the Regulation) for the transferable cooperative;
5.		the expert report (Art. 26 of the Regulation) for the transferable cooperative;
6.		the audit report of the supervisor (§ 11 para. 3);
7.		the final balance sheet of the transferring cooperative (Article 25 (1) (c) of the Regulation in conjunction with Section 220 (3) of the German Stock Corporation Act (AktG));
8.		proof of publication of the reference to the submission of the merger contract or its draft (Art. 24 of the Regulation in conjunction with Section 13 and Section 221a (1) of the German Stock Corporation Act (AktG) for the transferring cooperative;
9.		proof of the guarantee of the creditors (§ 15) and the declaration that other than the satisfied or insured creditors have not registered within the time limit of § 8 applicable in accordance with § 14.

(2) All members of the Board of Management shall declare to the Court that an action for dispute or a determination of the invalidity of the merger decision shall not be brought within one month of the date of the decision, or or that all members have waived such an action by means of a notarial declaration. At the end of this period, such an action may no longer be brought. If the declaration cannot be submitted, the court shall act in accordance with § 19 FBG.

(3) The Court of First Instance has to examine whether the legal acts and formalities preceding the merger have been properly carried out and that the claims of creditors and other persons involved in debt (§ 14) are ensured. If this is the case, the registration shall be carried out and the certificate shall be issued in accordance with Article 29 (2) of the Regulation.

(4) In the case of the registration of the proposed merger, the planned seat of the European Cooperative Society (SCE), the register at which the European Cooperative Society (SCE) is to be held and the fact that the certificate has been registered in accordance with Article 29 (2) of the Regulation has been issued.

(5) As soon as the merger is entered in the new register, the Management Board of the European Cooperative Society (SCE), following the notification of the register of the registered office of the European Cooperative Society (SCE), shall have the registration of the European Cooperative Society (SCE). To register the merger and the deletion of the Cooperative to the Company Book. If this communication is not written in the German language, a certified translation into the German language is also to be attached.

Notification of the establishment of a European Cooperative Society (SCE), based in Austria, by merger

§ 16. (1) The Board of Directors of each cooperative has to notify the establishment of a European Cooperative Society (SCE) by merger for registration in the Company Book.

(2) The application must be included in the original copy, copy or certified copy and, if the documents are not in German language, to be accompanied by certified translations into the German language:

1.		the certificate of implementation of the legal acts and formalities which precede the merger (Art. Article 29 (2) of the Regulation), which may not be more than six months old;
2.		(a) the agreement on the participation of employees in accordance with Article 4 of Directive 2003 /72/EC supplementing the Statute for a European Cooperative Society with regard to the involvement of employees, Official Journal No. OJ L 207 of 18 August 2003 S 25 to 36, or
b)			the decision referred to in Article 3 (6) of Directive 2003 /72/EC, or
c)			a statement by all the members of the Board of Management that the time limit laid down in Article 5 of Directive 2003 /72/EC has expired without an agreement being reached;
3.		the merger agreement or its draft (Art. 22 of the Regulation);
4.		the minutes of the merger decisions;
5.		if the merger requires a regulatory approval, the certificate of approval;
6.		the merger reports (Art. 23 of the Regulation);
7.		the expert reports (Art. 26 of the Regulation);
8.		the final balance sheets (Article 25 (1) (lit)). c of the Regulation in conjunction with Section 220 (3) AktG);
9.		proof of publication of the reference to the filing of the merger contract or its draft by the company involved in the merger with its registered office in Austria
10.		Proof of the assurance of admission to a review board (Section 24 (2) GenRevG 1997).

(3) All members of the Executive Board have to declare to the Court that a claim for dispute or a determination of the invalidity of the merger decision of the Cooperative with its registered office in Austria have not been collected or withdrawn within one month from the date of the decision-making, or that all the members have waived such an action by notarially assessed declaration. At the end of this period, such an action may no longer be brought. If the declaration cannot be submitted, the court shall act in accordance with § 19 FBG.

Section 2

Establishment of a European Cooperative Society (SCE) by transforming a cooperative and transforming a European Cooperative Society (SCE) into a cooperative society

Transform Plan

§ 17. The transformation plan must have at least the following content:

1.		the previous company, the registered office and the business directory number of the cooperative;
2.		the statutes proposed for the European Cooperative Society (SCE) and, where appropriate, the new company;
3.		the possible consequences of the conversion for the participation of workers;
4.		the envisaged timetable for the conversion;
5.		any rights which may be provided for the protection of Members and/or creditors.

Conversion Review

§ 18. For the purpose of determining whether the cooperative has assets at least in the amount of the capital (Art. Pursuant to Article 76 (5) and Article 76 (5) of the Regulation, the provisions relating to the substantive examination of the subject matter (Article 25 (3) to (5) and § § 26, 27, 42 and 44 AktG) shall apply mutagenly.

Transformation Plan Disclosure

§ 19. (1) The Executive Board shall submit the conversion plan to the General Court at least one month before the date of the General Assembly, which shall decide on the approval of the conversion, and shall have an indication of this submission in the Publish announcements. In this publication, the Members shall be informed of their rights as referred to in paragraphs 2 and 3.

(2) At least during one month before the day of the General Assembly to decide on the approval of the conversion, at the seat of the Cooperative, the conversion plan, the conversion report of the Executive Board, shall be the report on the To review the conversion test and the annual accounts and the management report, which were last prepared or were last compiled in accordance with the legal requirements, to be used for the inspection of the members.

(3) On request, a copy of the documents referred to in paragraph 2 shall be issued without delay and free of charge to any Member.

(4) The documents referred to in paragraph 2 shall be laid down in the General Assembly. The Board of Management shall explain the conversion plan orally at the beginning of the negotiations. The Management Board shall, before taking a decision on any substantial change in the assets or earnings situation of the Cooperative, which has occurred between the establishment of the conversion plan and the date of the decision-making, shall be required by the Management Board to: .

Conversion Login

§ 20. The Management Board has to register the conversion for registration in the Company Book. The application shall be accompanied by a copy, a copy or a certified copy:

1.		(a) the agreement on the participation of employees in accordance with Article 4 of Directive 2003 /72/EC supplementing the Statute for a European Cooperative Society with regard to the involvement of employees, Official Journal No. OJ L 207 of 18 August 2003 S 25 to 36, or
b)			the decision referred to in Article 3 (6) of Directive 2003 /72/EC, or
c)			a statement by all the members of the Board of Management that the time limit laid down in Article 5 of Directive 2003 /72/EC has expired without an agreement being reached;
2.		the conversion plan;
3.		the minutes of the conversion decision;
4.		if the conversion of a regulatory approval is required, the approval certificate;
5.		the Executive Board's conversion report;
6.		proof of publication of the reference to the submission of the conversion plan (section 19 (1)), unless all members have appeared or represented at the General Assembly and have not contradicted the decision-making process;
7.		the report on the conversion test;
8.		the annual financial statements and the management report which were last produced or were last compiled in accordance with the legal provisions.

Conversion of a European Cooperative Society (SCE) into a cooperative society

§ 21. For the transformation of a European Cooperative Society (SCE) into a cooperative society (Art. Article 76 of the Regulation) shall apply in accordance with § § 17 to 20.

4. Main piece

Establishment of the European Cooperative Society (SCE)

Section 1

Special provisions for the dualistic system

Appointment and dismise of the Executive Board

§ 22. The statutes may stipulate that the members of the Executive Board shall be elected and dismissed by the General Assembly.

Request for information of individual members of the Supervisory Board

§ 23. Any member of the Supervisory Board may require the Management Board to provide any information pursuant to Art. 40 (3), first sentence, of the Regulation, but only to the Supervisory Board as such. If the Board of Management rejects the reporting, the report can only be requested if another member of the Supervisory Board supports the request. The Chairman of the Supervisory Board may also request a report without the support of another Supervisory Board member.

Section 2

Specific provisions relating to the monistic system

Provisions applicable to the Management Board

§ 24. (1) If the Articles of Association shall choose the monistic system, the provisions for the Management Board and the Supervisory Board shall apply mutatily to the Board of Directors.

(2) The rights and obligations of the Executive Board or Supervisory Board of a cooperative shall be assigned to the Board of Directors in the monist system, provided that they are not assigned to the Managing Directors.

(3) In so far as provisions assign certain rights and obligations to the legal representatives of the cooperative or representative bodies, they shall meet the Board of Directors.

Managing Directors

§ 25. (1) The Board of Directors may appoint one or more managing directors, entrust them with the management of the current business of the Cooperative and grant them the power to represent the Cooperative in this area. Members of the Board of Directors may be appointed to Executive Directors if the majority of the Board of Directors continues to consist of non-executive members. The Chairman of the Board of Directors may not be the Executive Director at the same time.

(2) If Managing Directors are appointed, the Cooperative shall be represented by the Board of Directors and the Executive Directors in a judicial and out-of-court way. If the statutes do not determine anything else, all members of the Board of Directors and the Managing Directors shall only be authorized jointly to represent the Cooperative. In other respects, § 27 shall apply mutatily.

(3) The Board of Directors may entrust the Managing Directors with the preparation of the financial statements (§ 22 para. 2 GenG).

Section 3

Common rules for the monistic and the dualistic system

Executive, Supervisory Board, Board of Directors

§ 26. In the case of a European Cooperative Society (SCE) based in Austria, the governing body is designated as the executive board and the supervisory board as the supervisory board in the dualistic system. In the monist system, the administrative body is designated as an administrative board.

Power of representation of the Management Board and the Board of Directors

§ 27. (1) The Articles of Association may determine that the Board of Directors or the Board of Directors may authorize individual members to represent in certain transactions or certain types of transactions. If a declaration of intent is to be submitted to the cooperative, the levy shall be sufficient to a member of the Management Board or to a managing director.

(2) The Statutes may also stipulate that individual members of the Management Board or of the Board of Directors shall be empowered to represent the Cooperative solely or, in each case, in the Community with a Procurist; however, in any event, it shall be possible to: exist that the cooperative can also be represented without the participation of a procurist.

Section 4

General Assembly

Voting rights

§ 28. (1) The Statute of the European Cooperative Society (SCE) may provide for:

1.		that a member is allocated a certain number of votes which, following his participation in the cooperative activity, are in a different form than that of a capital contribution; a maximum of five votes per member or 30% of the total number of votes, the total voting rights, whichever is lower, to be allocated in this way;
2.		the number of votes allocated to each Member is determined after its participation in the cooperative activity, including in the form of participation in the capital of the European Cooperative Society (SCE), when the European Cooperative Society (SCE) in the financial or insurance sector; no more than five votes per member or 20% of the total voting rights, whichever is the lower, shall be allocated in this way;
3.		the number of votes allocated to each Member, following its participation in the cooperative activity, also in the form of participation in the capital of the European Cooperative Society (SCE), the number of members of each of the cooperatives involved, if the majority of the members of the European Cooperative Society (SCE) are cooperatives.

(2) The Statute of the European Cooperative Society (SCE) may allocate votes to a non-user (investing) member (§ 3). However, the non-user (investing) members shall not be entitled to more than 25% of the total voting rights.

Sector and Section Meetings

§ 29. The Statute of a European Cooperative Society (SCE) may provide for the election of representatives to an existing General Assembly, within the meaning of Article 63 of the Regulation, by sector or section meetings, if the European Union is to: Cooperative (SCE) operates in a variety of activities, operates in more than one territorial unit, or has several branches or more than 500 members.

5. Main piece

Financial statements and consolidated financial statements

§ 30. For the preparation of the annual financial statements and consolidated accounts of a European Cooperative Society (SCE), § 22 (4) to (6) of the Law on Acquisition and Economic Cooperatives (RGBl) applies. No. 70/1873.

6. Main piece

Closure and transitional provisions

References

§ 31. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version.

In-force pedals

§ 32. This federal law will enter into force on 18 August 2006.

Enforcement

§ 33. The Federal Minister of Justice is responsible for the enforcement of this federal law.

Article 2

Amendment of the Law on Acquisition and Economic Cooperatives

The Law on Acquisition and Economic Cooperatives, RGBl. No 70/1873, as last amended by the Federal Law BGBl. I n ° 120/2005, is amended as follows:

1. § 5a, whose previous text is the name "(1)" , the following paragraph 2 is added:

" (2) The Cooperative Contract may be

1.		provide that persons who are not eligible for the use or production of the goods and the use or provision of the services of the cooperative may be admitted as investing (non-user) members;
2.		determine, directly or indirectly, a base amount which the total nominal amount of the shares may not fall below, despite the total or partial expulsive of members, if the cooperative contract is to transfer the It does not exclude business shares and other assets attributed to the cooperative from the cooperative relationship. The right of all or part of the retired members to repay their business assets shall be suspended as long as and to the extent that the withdrawal would result in a decrease in the total nominal amount of the shares below that base amount. A partial payout thereafter is to be distributed within a group of persons who are eliminated in whole or in part at a certain point in time, aliquot according to the amount of the repayable business assets. "

2. § 24 is amended as follows:

(a) (4) reads:

" (4) The Supervisory Board has to monitor the management. He may, at any time, request a report from the Executive Board on the affairs of the Cooperative, including its relations with a Group company. A single member of the Supervisory Board may also require a report, but only to the Supervisory Board as such; if the Board of Management rejects the reporting required by a single member, the Member may, at the request of the Supervisory Board, only If another member of the Supervisory Board supports this. The Chairman of the Supervisory Board may also request a report without the support of another member of the Supervisory Board. The Supervisory Board may consult and examine the books and writings of the Cooperative and its assets, including the stocks of money, securities and commodities; it may thus also include two or more members or with specific tasks. entrusts special experts. '

(b) the following (4a) and (4b) are added to paragraph 4:

" (4a) Prokura may only be granted with the consent of the Supervisory Board. It may, as soon as it seems necessary, give the members of the Management Board and officials provisionally, until the decision of the General Assembly to be convened in the near future, of their powers and, for the interim continuation of the business, the to make the necessary institutions.

(4b) Tasks of the Management Board cannot be transferred to the Supervisory Board. However, the Cooperative Treaty may order certain types of transactions to be carried out only with the consent of the Supervisory Board. "

3. In § 27 (3), first sentence, the word "thousand" by the word "Five hundred" replaced.

4. In § 32, the turn "an hour" through the turn "half an hour" replaced.

5. In § 36, after Z 3, a point is set instead of the stroke; the Z 4 is omitted.

6. § § 37 to 39 are deleted.

7. § 78 reads:

" § 78. (1) The claims to a co-founder from his obligation to cover shall be made in three years ' time. This period shall commence in the event of the dissolution of the cooperative with the latter's deletion in the company's register, in the case of the previous expat of the cooperative with the registration of its expletion into the register of the cooperative which is to be held in the cooperative Members (§ 14).

(2) The obligation to cover cooperatives who are eliminated before the dissolution of the cooperative shall be limited by the total amount of the liabilities in accordance with the balance sheet of the year of leaving. "

8. § 88 is deleted.

9. § 89 reads:

" § 89. (1) Members of the Board of Executive Directors and of the Supervisory Board, Liquidators and other representatives of the Cooperative, which are included in the General Meeting Protocols, in the accounts, balance sheets and annual reports, in the Register of Members (§ 14), as well as in the notices arranged by § 35, make or confirm false or misleading information, are, if the deed is not threatened after another provision with a stricter penalty, by the court with imprisonment of up to one year or with a fine of up to 360 daily rates punishing.

(2) Criminal proceedings shall be the responsibility of the Court of First Instance. "

10. According to § 94c, the following § 94d is inserted.:

" § 94d. (1) § § 5a, 24, 27, 32, 78 and 89 in the version of the Federal Law BGBl. I No 104/2006 shall enter into force on 18 August 2006, § 36 Z 4, § § 37 to 39 and 88 shall be repeal of 18 August 2006.

(2) The provisions of the Articles of Association adopted before 18 August 2006, which provide for the quorum of the General Assembly without regard to the number of members present or represented after an hour, shall not be deemed to be excluded from the provisions of the Statute. Decision-making capacity of the General Assembly after waiting for only half an hour. "

Article 3

Amendment of the Law on the Rights of the Law

The law-making law, BGBl. No. 560/1985, as last amended by the Federal Law BGBl. I n ° 120/2005, is amended as follows:

In Section 22 (2), at the end of Z 6, the point is replaced by a line-point and the following Z 7 is added:

, 7.		Affairs according to the SCEG, except for decisions on entries in accordance with § 3 Z 8 and § 5a Z 3 FBG. "

Article 4

Amendment of the Court Fees Act

The court fee law, BGBl. No. 501/1984, as last amended by the Federal Law BGBl. I n ° 8/2006, is amended as follows:

1. In the tariff post 10 has in the column "Subject" in Z I lit. a the Z 8 should read as follows:

, 8.		for cooperatives and cooperatives (SCE) '

1a. In tariff post 10 Z I lit. b are the Z 5 and 5a:

Subject matter	Level of charges
5. Implementation of the revision	7 Euro
5a. Submission of annual financial statements and consolidated financial statements	37 Euro

2. In tariff post 10, in the column "Subject" in Z I lit. b Z 10 after the turn "and SEG" the phrase "as well as a cooperative according to the SCEG" .

3. In the tariff post 10 has in the column "Subject" in Z I lit. b the Z 15 to read:

" 15.		Statutes, endowment (supplement) certificate, transfer plan, the intended transfer of the registered office of a European Company (SE) or of a European Cooperative Society (SCE) to another Member State, the proposed merger by transfer the assets of a company to a European Company (SE) located abroad, the proposed merger by transferring the assets of a cooperative to a European Cooperative Society (SCE) based abroad and the Fulfilment of the founding conditions for the intended establishment of a Holding-SE "

4. In the tariff post 10 has in the column "Subject" in Z I lit. c the Z 4 to read:

" 4.		Member of the Board of Directors, Permanent Representative, Chief Representative, Board of Directors and Executive Director of a European Company (SE) or a European Cooperative (SCE) "

4a. In tariff post 10, note 15a reads:

" 15a. Submissions in accordance with § § 277 to 281 of the German Commercial Code (UGB), which are made in accordance with the technical possibilities in the course of electronic legal transactions, are subject to the registration fee according to the tariff post 10 I lit. b Z 5a. "

4b. In tariff post 11, in the column "Subject" the point at the end of the lit. c replaced by a stroke point and the following lit. d is added:

a) in the column "Subject" :

"(d) Reception of precautionary measures (§ 284f ABGB)."

(b) in the column "Amount of fees" :

"69 Euro"

(5) Article VI is amended as follows:

(a) The Federal Law Gazette (BGBl). I n ° 8/2006 attached to Z 24 the number designation "25" .

(b) After Z 25, the following Z 26 is added:

" 26.		Tariff post 10 I lit. a Z 8, lit. b Z 10 and 15 and lit. c Z 4 in the version of the Federal Law BGBl. I No 104/2006 will enter into force on 18 August 2006. Tariff post 10 I lit. b Z 5 and 5a as well as the Note 15a to the collective bargaining office 10 in the version of the Federal Law BGBl. I No 104/2006 shall enter into force 1. Jänner 2007 in force; as amended, they shall apply to all submissions in respect of which the right to the fee has been established after 31 December 2006; § 31a is on the basis of the Federal Act BGBl. I No 104/2006, the amount of the court fee of 37 euros (tariff post 10 I lit. (b) (5a) with the proviso that the initial basis for the redetermination of this amount is the index number of the index of consumer prices 2000 published by the Federal Statistical Office, Austria, in March 2001. Tariff post 11 in the version of the Federal Law BGBl. I n ° 104/2006 will enter into force on 1 July 2007; § 31a shall apply to the Federal Law BGBl Act. I n ° 104/2006, the amount of the court fee of EUR 69 (tariff post 11 lit. (d) subject to the proviso that the initial basis for the redetermination of this amount is the index of the index of indices of consumer price index 2000 published by the Federal Statistical Office, Austria, for March 2001. The court fees of EUR 37 and EUR 69 referred to in the second and third sentences shall also be included in a re-establishment in accordance with section 31a if the exceeding of the index threshold, which triggers this redetermination, already before the 1. Jänner 2007 and 1 July 2007 respectively. "

Article 5

Amendment of the Judicial Introduction Act 1962

The Court Application Act 1962, BGBl. No 288, as last amended by the Federal Law BGBl. I n ° 8/2006, is amended as follows:

1. In § 14, the following sentence is added to paragraph 2:

" The same shall apply where a lump-sum fee resulting from the submission of an input is not paid in time and in full in accordance with tariff items 1 to 4 of the GGG; in such cases, a request for payment shall be issued only if there is a reason for the payment of a payment request. the circumstances may be presumed to be due to the fact that the sublimation fee payment is due only to a lack of legal knowledge of the payer. "

(2) The following paragraph 5 is added to § 19a:

" (5) § 14 para. 2 in the version of the Federal Law BGBl. I No 104/2006 will enter into force on 18 August 2006; as amended, this provision shall apply to all entries in respect of which the right to the fee shall be established after 17 August 2006. '

Article 6

Amendment of the Banking Act

The Banking Act, BGBl. No. 532/1993, as last amended by the Federal Law BGBl. I n ° 48/2006, is amended as follows:

In Section 7 (1) Z 6, the point at the end is replaced by a stroke, and the following Z 7 is added:

" 7.		with the registration of the European Company (SE) or the European Cooperative Society (SCE) in the register of the new Member State of the host State. "

Article 7

Amendment of the Pensionskassengesetz

The Pensionskassengesetz, BGBl. No. 281/1990, as last amended by the Federal Law BGBl. I n ° 48/2006, is amended as follows:

In Section 11 (1) Z 5, the point at the end is replaced by a stick and the following Z 6 is added:

" 6.		with the registration of the European Company (SE) in the register of the new Member State of the host State. "

Article 8

Amendment of the Stock Exchange Act

The Stock Exchange Act, BGBl. N ° 555/1989, as last amended by the Federal Law BGBl. I No 75/2006, is hereby amended as follows:

In Section 5 (1) Z 5, the point at the end is replaced by a line point and the following Z 6 is added:

" 6.		with the registration of the European Company (SE) in the register of the new Member State of the host State. "

Article 9

Amendment of the Insurance Supervision Act

The Insurance Supervision Act, BGBl. No 569/1978, as last amended by the Federal Law BGBl. I n ° 95/2006, is amended as follows:

Section 7a (1a) reads as follows:

"(1a) The concession of a European Company (SE) shall be issued in the register of the new Member State of the host country."

Article 10

Amendment of the Labour Constitution Act

The Labour Constitution Act, BGBl. N ° 22/1974, as last amended by the Federal Act BGBl. I n ° 4/2006, shall be amended as follows:

1. In accordance with § 40 (4c), the following paragraph 4d is inserted:

" (4d) In enterprises within the meaning of the VII. Part shall be in accordance with the VII. To set up a special negotiating body and to set up an SCE works council or to create a different procedure for the involvement of employees. "

2. In § 108 (3), the expression "§ 239 (1) Z 2 to 4 HGB" by the expression "§ 239 (1) (2) to (4) of the Business Code (UGB)" replaced.

3. In § 108, para. 4, the expression " § § 244 et seq. of the Commercial Code of 10 May 1897, dRGBl. 219, in the version in force " by the expression " § § 244 et seq. UGB " replaced.

4. § 110 (6) reads:

" (6) The posting of employee representatives to the Supervisory Board of a limited liability company (limited liability company, cooperative), which

1.		public limited liability companies;
2.		Supervisory-accountable companies with limited liability,
3.		Companies with limited liability within the meaning of section 29 (2) (1) of the GmbHG,
4.		Cooperatives which are subject to prudential supervision;
5.		European societies,
6.		European cooperatives
The Central Works Council (Works Council) of the ruling enterprise and the totality of the members of all members of the ruling company shall be responsible for the uniform management (Section 15 (1) of the German Stock Corporation Act 1965) or under the direct participation of more than 50% of the total number of members. works councils ordered (Z 1 to 4), provided that the dominant undertaking employs at most half as many employees as all the dominant undertakings together. The Central Works Council (Works Council) of the dominant undertaking shall send as many employee representatives as the ratio of the number of employees employed in the dominant undertaking to the number of persons employed in the dominant undertaking. workers, but at least one employee representative. This right of the Central Works Council (works council) of the dominant undertaking, irrespective of the ratio of the number of employees employed in the dominant undertaking to the number of workers employed in the dominant undertakings If the activity of the dominant undertaking is limited to the management of the shares of the dominant undertakings, it is no longer necessary to send a worker representative. The remaining employee representatives on the Supervisory Board are from the totality of the works councils appointed in the controlled companies (Z 1 to 4) from the circle of members of the works council, to which the active right to vote is entitled to the works council, according to the The provisions of Section 51 (3), 54 (2), 56 (1), 57, 59, 60, 62 (2) to 5, 64 (1), (1) to (3) and (4), 65 (1), first sentence, and (2), (78) (4), 81 (1), second sentence, are to be chosen in secret. sentence, subsection (2) and (4) and 82 (1), first sentence, mutatily. This paragraph does not apply to banks (§ 1 Banking Act, BGBl. No 532/1993) and insurance undertakings. '

5. In Section 113 (2) (9), the point shall be replaced by a line-point and the following Z 10 and 11 shall be added:

" 10.		Secondment of employee representatives to the special negotiating body (§ 257 iVm § § 217, 218), to the SCE works council (§ 257 iVm § 234) and to the supervisory board or the administrative board of the European Cooperative Society (§ 257 iVm § 247);
11.		Participation in the teaching and consultation procedures according to the agreements concluded pursuant to § 257 iVm § § 230 or 231. "

6. In § 113 (4) (8), the point shall be replaced by a line-point and the following Z 9 and 10 shall be added:

" 9.		Secondment of employee representatives to the special negotiating body (§ 257 iVm § § 217, 218), to the SCE works council (§ 257 iVm § 234) and to the supervisory board or the administrative board of the European Cooperative Society (§ 257 iVm § 247);
10.		Participation in the teaching and consultation procedures according to the agreements concluded pursuant to § 257 iVm § § 230 or 231. "

7. In Section 113 (5) Z 8, the point shall be replaced by a line-point and the following Z 9 and 10 shall be added:

" 9.		Secondment of employee representatives to the special negotiating body (§ 257 iVm § § 217, 218), to the SCE works council (§ 257 iVm § 234) and to the supervisory board or the administrative board of the European Cooperative Society (§ 257 iVm § 247);
10.		Participation in the teaching and consultation procedures according to the agreements concluded pursuant to § 257 iVm § § 230 or 231. "

8. § 134 (1) Z 2 reads:

" 2.		Cable car companies within the meaning of § 2 Cable Car Act 2003, BGBl. I No 103, "

9. § 134 (1) (3) deleted.

10. § 134 (1) Z 4 reads:

" 4.		Power-line companies within the meaning of Section 1 (1) of the German Motor Vehicle Act (KfLG), BGBl. I No 203/1999, "

11. § 134 (2) and (3) are:

" (2) Workplaces of shipping companies in the sense of the Maritime Law, BGBl. I n ° 62/1997 and Articles 3 and 7 et seq. of the Maritime Law, BGBl. No 174/1981 (vessels flying the Austrian flag) as a whole shall be regarded as an establishment within the meaning of section 34 (1). § 35 shall not apply to these workplaces.

(3) Workplaces of air carriers within the meaning of § § 101 ff. of the Aviation Act, BGBl. No 253/1957, all of them are considered to be an establishment within the meaning of section 34 (1). § 35 shall not apply to these workplaces. "

12. In § 248 (1), first sentence, the term "§ 110 para. 3 third and fourth sentence" is replaced by the term "§ 110 para. 3 fourth and fifth sentence".

13. According to § 253, the following VII. Part inserted:

" VII. Part

Participation of workers in the European Cooperative

Scope

§ 254. (1) The provisions of the VII. Part applies to companies that are under the II. Subject to the legal form provided for in Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE),

1.		by a new establishment involving at least two legal persons established under the law of a Member State, which are subject to the law of at least two different Member States and, at the most, involve one or more natural persons , or
2.		by the merger of cooperatives established under the law of a Member State and having their registered office and head office in a Member State, provided that at least two of them are entitled to the law of different Member States , or
3.		by the conversion of a cooperative established in accordance with the law of a Member State and having its registered office and its head office in a Member State, provided that it has been one of the laws of another Member State for at least two years subsidiary or branch of the subsidiary,
or will have or will be domicated in the country.

(2) The provisions of the VII. Part also applies to companies that are under the II. Subject to the legal form provided for in Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE),

1.		exclusively by natural persons or
2.		by a single legal person established under the law of a Member State and by natural persons
or will have or will have their registered office in Germany, provided that they employ at least 50 employees in at least two Member States.

(3) The provisions of the VII. Part also applies to companies that are under the II. Subject to the legal form provided for in Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE),

1.		exclusively by natural persons or
2.		by a single legal person established under the law of a Member State and by natural persons
, have their registered office in Germany and employ a total of less than 50 employees or 50 or more workers in one Member State, provided that at least one third of the total number of employees of the employees of the Member State European cooperative society and its subsidiaries and establishments in at least two different Member States, or the total number of 50 employees in at least two Member States, or is exceeded. In this case, the provisions of the VII. The European Cooperative Society shall, in place of the legal persons involved and the subsidiaries and establishments of the European Cooperative, be replaced by the European Cooperative, in place of the subsidiaries and establishments concerned step.

(4) Where natural persons are involved in the creation of a European Cooperative, the provisions of the VII shall apply. shall apply in such a way that all the rules applicable to the legal persons concerned shall also apply in the same way to the natural persons involved.

Definitions

§ 255. (1) Among the legal persons concerned, in the sense of the VII. Part of this is to understand the companies directly involved in the creation of a European Cooperative. These are in the case of

1.		Re-establishment of the undertakings concerned;
2.		Merger of the cooperatives to be merged;
3.		Conversion of the cooperative to be converted.

(2) A subsidiary of a participating legal entity or a European cooperative within the meaning of the VII. Part is to be understood as a company to which the legal person concerned or the European cooperative in question exerts a dominant influence within the meaning of Section 176.

(3) A subsidiary of the affected subsidiary is to be understood as a subsidiary of a participating legal entity which is to become a subsidiary of a European Cooperative Society.

(4) The operation concerned shall be understood to mean the operation of a participating legal person who shall be responsible for the establishment of a European Cooperative Society.

Members of the workers ' body

§ 256. In the companies which fulfil the requirements of § 254, the provisions of the VII shall apply. To set up a special negotiating body and to set up an SCE works council or to create a different procedure for the involvement of employees.

Applicability of the provisions of the VI. Part

§ 257. (1) In addition, the provisions of the VI shall apply. Part, provided that the participating companies are replaced by the legal persons involved, the European Cooperative Society, and the SE Works Council of the SCE Works Council.

(2) Section 215 (2) shall apply with the proviso that the invitation to establish the special negotiating body shall be:

1.		in the case of the re-establishment of a European Cooperative Society pursuant to Article 254 (1) (1) or (2), at least four weeks before the signature of the Statute,
2.		in the case of a European Cooperative Society established pursuant to Article 254 (3), immediately after at least one third of the total number of employees of the European Cooperative Society and its subsidiaries and establishments in at least two by various Member States, or by reaching or exceeding the total number of 50 workers in at least two Member States,
shall be carried out.

(3) § 221 (2) (2) (2) (2) shall apply by virtue of the fact that the conclusion of an agreement which results in a reduction in the employee's rights of co-determination shall only be concluded by the majority of two thirds of the votes of the special negotiating body, which shall: at least two-thirds of the employees in at least two Member States are required if the participation in the case of a European cooperative, which is to be established pursuant to Article 254 (1) (1), (2) or (3), is at least 50% of the total number of employees in the case of a European cooperative. the total number of employees of the legal persons involved.

(4) The provisions of the 3. Section of the 3. Main piece of the VI. In the case of a European Cooperative, which is to be established pursuant to Article 254 (1) (1) (2) or (3), part of the participation of employees shall be applied only if:

1.		in at least one of the legal persons involved, shall be involved and shall cover at least 50% of the total number of employees of all legal persons involved, or
2.		in at least one of the legal persons involved, and shall cover less than 50% of the total number of employees of all the legal persons involved, provided that the special negotiating body has a corresponding Decision taken.

(5) Paragraph 252 (2) of the second sentence shall apply with the proviso that § 110 shall also apply to those European Cooperatives which, in accordance with Section 254, shall apply the provisions of the VII. Part not subject.

(6) Where the registered office of a European Cooperative is established, the rules on participation shall be subject to the provisions of the VII. If it is not subject to domestic transfers, workers must continue to have at least the same level of right of participation in the labour market.

(7) The employees ' representatives who are members of the Board of Directors of a European Cooperative Society under the provisions of this Part shall not apply those provisions in supervisory laws, which shall be specific to members of the Management Board. professional competence, special qualification requirements or similar conditions, unless the employee representatives are to be provided according to § 25 (1) of the SCE Act, BGBl. I No 104/2006, to be held by Executive Directors of the Management Board. "

14. The previous VII. Part shall be given the name " VIII. Part " .

15. § 258 and headline reads:

" referrals

§ 258. Insofar as other federal laws are referred to in this Federal Act, these are to be applied in the respectively applicable version. "

16. The previous § 254 is given the name "§ 259" ; he shall be added in accordance with paragraph 17 of the following paragraph 18:

" (18) § 40 (4d), § 110 (6), § 113 (2) (Z) 10 and (11), (4) (9) and (10), (5) (9) and (10), § 134 (1) (2) and (4) and (2) and (3), Section 248 (1), first sentence, the provisions of the VII. Part as well as § 258 in the version of the Federal Law BGBl. I No 104/2006 shall enter into force on 18 August 2006. Section 134 (1) (3) shall expire on the expiry of 17 August 2006. § 108 (3) and (4) in the version of the Federal Law BGBl. I No 104/2006 shall enter into force 1. Jänner 2007 in Kraft. "

Article 11

Amendment of the Federal Law on the Post-Operating Constitution

The Post-Works Constitution Act, BGBl. No 326/1996, as last amended by the Federal Law BGBl. I n ° 82/2004, is hereby amended as follows:

1. § 26 (1) reads:

" (1) All workers who are eligible are eligible for

1.			on the day of the election, the 19. have been completed and
2.			have been employed for at least six months in the course of the holding or the undertaking to which the holding is a member, and
3.			Apart from the requirement of Austrian citizenship, they are not excluded from the right to vote of the National Council (§ 22 National Council Electoral Regulations 1992, BGBl. No. 471).

Section 57 (5) reads as follows:

" (5) All workers in the sphere of action of the body of the youth representation, who are eligible, are eligible.

1.			on the day of the election, the 21. have not been completed and have not been completed
2.			on the day of the election for at least six months in the company or in the company, and
3.			Apart from the requirement of Austrian citizenship and age from the right to vote of the National Council, are not excluded (§ 22 National Council Electoral Regulations 1992, BGBl. No. 471).

Section 76 (4) reads as follows:

" (4) The provisions of V., VI and VII. Part of the ArbVG shall apply to companies governed by this federal law, with the proviso that the tasks assigned to the institutions in accordance with the ArbVG are to be carried out by the institutions established under this federal law. "

4. In accordance with Section 81 (8), the following paragraph 9 is added:

" (9) § § 26 (1) and 57 (5) in the version of the Federal Law BGBl. I No 104/2006 will enter into force on 1 July 2006; Section 76 (4) of the Federal Law Gazette of the Federal Republic of Germany (BGBl). I No 104/2006 will enter into force on 18 August 2006. '

Article 12

Amendment of the Labour and Social Court Act

The Labor and Social Justice Act, BGBl. No. 104/1985, as last amended by the Federal Law BGBl. I n ° 7/2006, is amended as follows:

1. In accordance with § 5c, the following § 5d is inserted:

" § 5d. (1) For litigation relating to the special negotiating body, the SCE works council, the procedure for informing and consulting employees, and co-determination, in accordance with the provisions of the VII. Part of the Labour Constitution Act, BGBl. No 22/1974, or in respect of similar Austrian legislation, only the Court of First Instance is responsible for the local jurisdiction in which the European Cooperative Society is to be established or is to have its head office.

(2) The domestic jurisdiction for the litigation referred to in paragraph 1 shall be given only if:

1.		the European Cooperative Society shall have or should have its registered office in Germany, or
2.		These are matters for which the provisions of the VII are concerned. Part of the Labour Constitution Act, BGBl. No. 22/1974, in accordance with Section 256 (1) in conjunction with Section 209 of the ArbVG, even if the registered office of the European Cooperative Society is not domiciled or is to be located. "

1a. In § 24, the Z 1 shall read:

" 1.		the 24. Year of life completed and the 65. They have not, or have completed, during the last single term of office; '.

2. § 50 para. 2 reads:

" (2) Furthermore, labour disputes are disputes over rights or legal relationships arising from the II., V., VI. or VII. Part of the Labour Constitution Act, BGBl. No 22/1974 (disputes relating to works constitutional law), or from similar Austrian legislation. '

3. In § 93 (2) the amount shall be "30 500 000, -- Euro" by the amount "41 000 000, -- Euro" and the amount "15 250 000, -- Euro" by the amount "20 500 000, -- Euro" replaced.

4. In accordance with § 98 (13), the following paragraphs 14 and 15 are added:

" (14) § 5d and § 50 (2) in the version of the Federal Law BGBl. I No 104/2006 will enter into force with 18 August 2006.

(15) § 93 (2) in the version of the Federal Law BGBl. I No 104/2006 will enter into force on 1 July 2006. '

Article 13

Amendment of the Land Labour Act

The Land Labour Act, BGBl. No 287/1984, as last amended by the Federal Law BGBl. I n ° 36/2006, is amended as follows:

1. (Determination of the principles) In § 26m (7), second sentence, the expression "two weeks" by the expression "four weeks" replaced.

2. (Determination of the principles) In § 39d (2), the expression "Commercial Code" by the expression "Business Code" replaced.

3. (Determination of the principles) In § 67, para. 4, the quote shall be "§ 238" by quoting "§ 283" replaced.

4. (Determination of the principles) According to Article 145 (6), the following paragraph 7 is inserted:

"(7) In the undertakings referred to in Section 12a, a special negotiating body shall be established in accordance with Section 12a, and an SCE works council shall be established or another procedure for the participation of the service takers be established."

5. (determination of principles) In § 216 paragraph 2 Z 5 lit. e shall be replaced by a stroke point and the following Z 6 and 7 shall be added:

" 6.		Secondment of service representatives to the special negotiating body (§ § 247 and 248), to the SCE works council (§ 264) and to the supervisory board or the administrative board of the European Cooperative Society (§ 277);
7.		Participation in the teaching and consultation procedures in accordance with the agreements concluded in accordance with § § 260 or 261. "

6. (determining the principles) In § 216 (4) (3), the point shall be replaced by a line-point and the following Z 4 and 5 shall be added:

" 4.		Secondment of service representatives to the special negotiating body (§ § 247 and 248), to the SCE works council (§ 264) and to the supervisory board or the administrative board of the European Cooperative Society (§ 277);
5.		Participation in the teaching and consultation procedures in accordance with the agreements concluded in accordance with § § 260 or 261. "

7. In § 237 (5), the last sentence is deleted. The following paragraph 6 is added:

" (6) (federal law directly applicable) In the case of Section 5, the Criminal Procedure § 56 (2) to (4) of the Administrative Code Act 1991 (VStG) shall apply. "

8. (Basic provisions and directly applicable federal law) According to Section 237, the following section 12a (§ § 238 to 282) is inserted:

" 12a. Participation of the employees in the European Cooperative Society

1. Subsection

General

Scope

§ 238. (Policy determination) (1) The provisions of Section 12a shall apply to undertakings falling under Section 8 and in accordance with the legal form provided for in Regulation (EC) No 1435/2003 of 22 July 2003.

1.		by a new establishment involving at least two legal persons established under the law of a Member State, which are subject to the law of at least two different Member States and, at the most, involve one or more natural persons , or
2.		by the merger of cooperatives established under the law of a Member State and having their registered office and head office in a Member State, provided that at least two of them are entitled to the law of different Member States , or
3.		by the conversion of a cooperative established in accordance with the law of a Member State and having its registered office and its head office in a Member State, provided that it has been one of the laws of another Member State for at least two years subsidiary or branch of the subsidiary,
or will have or will be domicated in the country.

(2) The provisions of Section 12a shall also apply to undertakings falling under Section 8 and in accordance with the legal form provided for in Regulation (EC) No 1435/2003 of 22 July 2003.

1.		exclusively by natural persons or
2.		by a single legal person established under the law of a Member State and by natural persons
or will have or will have their registered office in Germany, provided that they employ a total of at least 50 employees in at least two Member States.

(3) The provisions of Section 12a shall also apply to undertakings falling under Section 8 and in accordance with the legal form provided for in Regulation (EC) No 1435/2003 of 22 July 2003.

1.		exclusively by natural persons or
2.		by a single legal person established under the law of a Member State and by natural persons
, have their registered office in Germany and employ a total of less than 50 employees or 50 or more employees in only one Member State, provided that at least one third of the total number of the employees of the service European cooperative society and its subsidiaries and establishments in at least two different Member States, or the total number of 50 employees in at least two Member States, or is exceeded. In this case, the provisions of Section 12a shall apply with the proviso that the European Cooperative shall replace the legal persons involved and the subsidiaries and establishments of the European Cooperative Society in place of the of the subsidiaries and establishments concerned.

(4) Where natural persons are involved in the establishment of a European Cooperative, the provisions of Section 12a shall apply with the proviso that all the rules applicable to the legal persons concerned shall be subject to the same conditions as those applicable to the co-operation of the European Cooperative Society. It also applies to the natural persons involved.

§ 239. (Policy determination) For the duty of the legal persons involved in the country to cooperate with the institutions of the service in accordance with § 244 Z 1, the obligation to disclose the information in accordance with section 245 (3), the determination of the number of domestic employees (§ 245 para. 4), the posting of the Austrian members to the special negotiating body (§ § 247 and 248), the SCE works council (§ 264) and the supervisory board or the administrative board of the European Cooperative Society (§ § 264). 277), the termination of their membership to the special negotiating body (§ 253 para. 2), to the SCE-Works Council (Section 267 (5)) and the Supervisory Board of the European Cooperative Society (Section 277 (4)) as well as the obligation of confidentiality (§ 279) applicable to them (§ 279) and the protective provisions applicable to them (§ 280) apply the provisions of Section 12a, even if the seat of the European Cooperative Society is not situated or will be situated within the territory of the country.

Definitions

§ 240. (Policy determination) (1) For the purposes of Section 12a, the legal persons involved shall be understood to be the undertakings directly involved in the creation of a European cooperative. These are in the case of

1.		Re-establishment of the undertakings concerned;
2.		Merger of the cooperatives to be merged;
3.		Conversion of the cooperative to be converted.

(2) A subsidiary of a participating legal person or a European cooperative within the meaning of Section 12a is to be understood as meaning a company to which the legal person concerned or the European Community in question is responsible for: Cooperatives have a dominant influence. The implementing legislation has to define the concept of the prevailing influence within the meaning of Section 176 (2) to (9) of the Labour Constitution Act.

(3) A subsidiary of the affected subsidiary is to be understood as a subsidiary of a participating legal entity which is to become a subsidiary of a European Cooperative Society.

(4) The operation concerned shall be understood to mean the operation of a participating legal person who shall be responsible for the establishment of a European Cooperative Society.

Members of the Service

§ 241. (Policy determination) A special negotiating body shall be set up in the undertakings meeting the requirements of section 238 and an SCE works council shall be established in accordance with the provisions of section 12a, or another procedure for the participation of the To create a service provider.

Employees ' participation

§ 242. (Policy determination) (1) The right of the employees to participate in the European Cooperative Society shall include all procedures through which the representatives of the service can influence the decision-making in the European Cooperative Society. In particular, the right of the employees to participate shall include the right to be informed, the right to be heard and, in accordance with the provisions of Section 12a, the right to co-determination.

(2) Information within the meaning of Section 12a shall be understood to mean that the institution of the European Cooperative shall be informed by the competent institution of the European Cooperative of all matters relating to the representation of the employees or of the representatives of the service. those themselves, or one of their subsidiaries, or one of their establishments in another Member State, or which exceed the powers of the decision-making bodies at the level of the individual Member State. The date, form and content of the information shall enable the representatives of the service to carry out a detailed examination of the possible effects and, where appropriate, the preparation of hearings with the competent organ of the European Cooperative Society.

The exchange of views and the establishment of a dialogue between the institution representing the employees or the representatives of the service and the competent body of the European Cooperative shall be held in the context of Section 12a. understand. The date, form and content of the hearing must enable the representatives of the service representatives, on the basis of the information provided, to give an opinion on the measures envisaged by the competent body within the framework of the decision-making process within the framework of the decision- of the European Cooperative Society.

(4) Co-determination in the sense of Section 12a shall mean the influence of the institution representing the employees or the representatives of the service representatives on all matters of the European Cooperative Society by exercising the right to exercise the right to act, to elect or appoint a part of the members of the supervisory board or the board of directors of the European cooperative society, or to recommend part or all of the members of the supervisory or administrative board of the European cooperative society; or by default.

Duties of management and management bodies

§ 243. (Policy determination) The relevant management or administrative bodies of the legal persons concerned shall have:

1.		the setting up of a special negotiating body, and
2.		for the establishment of an SCE works council or the establishment of a procedure for informing and consulting the service
to create the necessary conditions and to provide the necessary resources.

Principles of cooperation

§ 244. (Policy determination) The institutions of the service (§ 241) and the relevant management and administrative bodies

1.		of the legal persons concerned, or
2.		the European Cooperative
have to cooperate with the will to communicate in accordance with their respective rights and mutual obligations.

2. Subsection

Special negotiating body

Invitation to erect

§ 245. (Policy determination) (1) The special negotiating body shall be addressed to the representatives of the employees or to the employees, on the basis of a written request from the relevant management or administrative bodies of the legal persons concerned, to the extent of the the applicable law applicable in each of these legal persons and in the subsidiaries and establishments concerned.

(2) The request referred to in paragraph 1 shall be:

1.		in the case of the re-establishment of a European Cooperative Society pursuant to Article 238 (1) (1) or (2), at least four weeks before the signature of the Statute,
2.		in the case of the establishment by merger of cooperatives pursuant to § 238 (1) (2) (2) immediately after disclosure of the merger plan,
3.		in the case of the establishment by the conversion of a cooperative pursuant to section 238 (1) (3) immediately after the agreement of the conversion plan; and
4.		in the case of a European Cooperative Society established in accordance with section 238 (3), immediately after at least one third of the total number of employees of the European Cooperative Society and its subsidiaries and establishments in at least two by various Member States, or by reaching or exceeding the total number of 50 employees in at least two Member States,
shall be made.

(3) The request referred to in paragraph 1 shall be provided with information on:

1.		the planned establishment of the European Cooperative Society and the course of the proceedings pending their registration;
2.		the identity and structure of the legal persons involved, including their subsidiaries and establishments, the subsidiaries concerned and the establishments concerned, each including their distribution to the Member States;
3.		the number of employees employed in each of these companies and establishments and the total number of employees employed in the legal persons involved, subsidiaries and undertakings concerned;
4.		the identity of the bodies set up for the representation of the employees in those companies and undertakings and the number of the employees represented by those bodies;
5.		the identity of those involved legal persons in which a system of co-determination exists and the number of employees covered by a system of co-determination; if not all the employees of a participating legal person are covered by a system of co-determination, including the ratio of the employees covered by a system of co-determination to the total number of service users,
6.		the date of the constitutive meeting of the special negotiating body.

(4) The date of the request referred to in paragraph 1 shall apply to the identification of the number of employed persons employed.

(5) The competent voluntary professional association of the employees shall be notified of the request made in accordance with paragraph 1 by the institution of the service responsible for the posting.

Composition

§ 246. (Policy determination) (1) For each share of employees employed in a Member State, which accounts for 10% of the total number of employees of the legal persons involved in all the Member States, subsidiaries and undertakings concerned or a fraction thereof, a Member from that Member State shall be sent to the special negotiating body.

(2) In the event of a European Cooperative created by the merger, so many additional additional members shall be sent from each Member State to the special negotiating body, as is necessary to ensure that: any legal person concerned who is employed in the Member State concerned and which, as a result of the registration of the European Cooperative, is to be erasable as its own legal entity, through the special negotiating body At least one member is represented.

(3) Insofar as the application of paragraph 1 in conjunction with the law applicable in each case ensures the representation of such legal persons in the special negotiating body by members, the employees of the relevant legal entities shall be guaranteed the the legal persons involved are or have been exclusively elected or otherwise appointed by the agents of such legal persons, no additional members shall be sent in accordance with paragraph 2.

(4) The number of these additional members shall not exceed 20% of the number of members resulting from para. 1. If the number of such legal persons involved exceeds the number of additional members to be sent, these additional members shall be the legal persons involved in different Member States in accordance with the number of such additional members. employees are assigned in descending order.

(5) During the period of action of the special negotiating body, such changes in the structure or number of service of the legal persons involved, the subsidiaries concerned and the establishments concerned shall be subject to the following: If the composition of the special negotiating body in accordance with paragraphs 1 to 4 is to be amended, the special negotiating body shall be reassembled accordingly. Information on such changes shall immediately be made by the competent management and administrative bodies of the legal persons concerned to the special negotiating body and to the representatives of the employees or to the service-holders. the law applicable in each case, in the legal persons concerned, and in the subsidiaries and undertakings concerned, which were not previously represented in the special negotiating body.

Posting of Members

§ 247. (Policy determination) (1) The Austrian members to be sent to the special negotiating body shall be appointed from the circle of members of the works council by decision of the authorized body of the service according to § 248. Instead of a member of the works council, it is also possible to appoint a functionary or service provider of the responsible voluntary professional association of the service takers.

(2) In the event that a number of Austrian members are to be sent to the special negotiating body, the institution entitled to be sent, pursuant to § 248, shall also take a decision on how many of the members of the negotiating body are to be sent to the negotiating body. A member of the service shall be represented by a member of the staff member. It is important to note that all employees employed in Austria are represented by such a member.

(3) In the case of posting, the number of seats available to the Austrian service representatives shall be based on the consideration of the fact that each participating legal person shall be represented by at least one member in the special negotiating body is represented.

(4) In order to take decisions, the presence of at least half of the members is required. The decisions will be taken with the votes of those members representing more than half of the employees employed in the enterprises and in the enterprises. The information to be included in the identification of the number of employees employed in the enterprises and in the enterprises is the information to be included in the invitation to establish the special negotiating body in accordance with § § 245 (3) (3) and (4) and 246 (5). on the basis of the

(5) An appropriate representation of the groups of workers and employees, as well as of the employees, should be taken into consideration.

§ 248. ( Basic specification) (1) In establishments, the posting shall be carried out by decision of the operating committee. If there is no operating committee, this task shall be carried out by the works council. Where there are a number of operating committees (works councils) which do not belong to the same undertaking, the chairman of the works committee (works council) shall be the largest domestic establishment in accordance with the number of eligible employees. To convene a meeting of the operating committees (works councils) appointed in the holdings, which shall be responsible for the decision to be taken on the posting.

(2) In undertakings, the members to be sent to the special negotiating body shall be designated by decision of the Central Works Council. If a central works council is not established in a company, paragraph 1 shall apply mutatily. Where there are several central works councils, the Chairman of the Central Works Council shall be the largest domestic undertaking following the number of eligible employees, a meeting of the members of the enterprises appointed in the undertaking To convene Central Works Councils, which shall be responsible for decision-making on posting. If, in addition to one or more central works councils, there is still at least one operating committee (works council) represented in no central works council, the chairmen of the works council and their deputies are to be invited to this meeting; they shall apply insofar as the members of the Central Works Council.

(3) The notification of the designated members of the special negotiating body to the competent management or administrative organ of the legal persons concerned shall be made without delay.

Constitution

§ 249. (Policy determination) (1) The competent management or administrative organ of the legal persons concerned shall be invited immediately after the notification of the designated members of the special negotiating body to its constituent meeting.

(2) The members of the special negotiating body shall elect from their centre a chairman and one or more alternates. The special negotiating body shall adopt its rules of procedure.

(3) The special negotiating body shall inform the competent management or administrative organ of the legal persons concerned without delay of the end of the constituent sitting and of the outcome of the election.

(4) The competent management or administrative organ of the legal persons concerned shall, without delay, convene a meeting with the special negotiating body to conclude an agreement in accordance with section 255.

Sessions

§ 250. (Policy determination) (1) The special negotiating body shall have the right to meet before each meeting with the competent management or administrative organ of the legal persons concerned at a preparatory meeting.

(2) The special negotiating body may, in the course of negotiations with the competent management or administrative organ of the legal persons concerned, be supported by experts of its choice. These experts may, at the request of the special negotiating body, be consulted in the negotiations in an advisory capacity.

Decision-making

§ 251. (Policy determination) (1) The decisions shall be taken by a simple majority of the votes, insofar as no more stringent requirements are laid down in this Federal Act, provided that this majority also represents the simple majority of the service takers.

2.The special negotiating body may conclude an agreement with at least two-thirds of its votes representing at least two-thirds of the service takers in at least two Member States, which shall reduce the number of votes cast in the the right of employees to participate in the exercise of their participation. However, such a majority is only necessary if the participation in the case of a European Cooperative Society, which is

1.		shall cover at least 25% of the total number of employees of the legal persons involved;
2.		is to be established in a different way, to at least 50% of the total number of employees of the legal persons involved.

(3) In the case of a European cooperative which is to be constituted by conversion, a decision pursuant to paragraph 2 may not be taken.

(4) In any event, a reduction in the rights of co-determination within the meaning of paragraph 2 is to reduce the proportion of the members of the supervisory or administrative board of the European Cooperative Society, as determined in accordance with Article 242 (4). to the highest level of service representatives in a supervisory or administrative body in relation to the legal persons involved.

Duration of activity

§ 252. (Policy determination) (1) The period of activity of the special negotiating body shall begin with the date of the constitution.

(2) The period of activity of the special negotiating body shall end,

1.		if the special negotiating body takes a decision in accordance with Article 257 (1);
2.		if the court declares the establishment invalid (Section 245 (1)); the action shall be submitted no later than one month after the constitution of the special negotiating body;
3.		with the conclusion of an agreement in accordance with § § 260 or 261, unless otherwise specified in the agreement;
4.		in the case of section 262 (1) (1);
5.		if no agreement has been reached in accordance with § § 260 or 261 within the time period specified in § 256.

Start and Ererase of Membership

§ 253. (Policy determination) (1) The membership of the special negotiating body shall begin with the announcement of the decision of the decision (Section 248 (4)).

(2) Membership of the special negotiating body shall end if:

1.		the period of activity of the special negotiating body shall end;
2.		resign from the Member State;
3.		the institution of the service which the Member has sent to the special negotiating body shall be convened, at any rate to be dismissed if its membership to the works council or the holding of the holding of the holding is to be held. his activity shall end with the competent voluntary professional association of the service workers;
4.		the establishment of which the Member is a member, from the legal person involved in the creation of the European Cooperative or from the subsidiary concerned,
5.		the court declares the decision to be sent (Article 247 (1)) to be invalid; the action shall be submitted no later than one month after the constitution of the special negotiating body has been made.

(3) In the cases referred to in Section 2 (2) (2) to (5), new members shall be sent to the special negotiating body in accordance with § § 247 and 248.

Cost entrap

§ 254. (Policy determination) The special negotiating body shall, in order to ensure the proper performance of its tasks, be subject to substantive requirements in a quantity appropriate to the size of the European Cooperative Society and to the needs of the special negotiating body. to make available free of charge to the legal persons involved in the management or administrative procedure.

(2) The administrative expenditure of the special negotiating body required for the proper performance of the tasks, in particular the expenses incurred for the organisation of meetings and preparatory meetings, including the The costs of interpretation and the costs of an expert, as well as the costs of stay and travel for the members of the special negotiating body, shall be borne by the legal persons involved.

Tasks of the special negotiating body

§ 255. (Policy determination) (1) The task of the special negotiating body shall be to establish, in a written agreement with the competent institution of the legal persons concerned, the participation of the service takers in the European Cooperative Society.

(2) To this end, the competent organ of the legal persons concerned shall have the special negotiating body, immediately after its constitution, on the operation of the creation of a European Cooperative and the proposed procedure up to to be notified of their registration.

Duration of negotiations

§ 256. (Policy determination) (1) The negotiations for the conclusion of an agreement in accordance with § § 260 or 261 shall be concluded within six months from the date of the constitution of the special negotiating body.

(2) The special negotiating body and the competent body of the legal persons concerned may decide by common accord to conclude an agreement in accordance with § § 260 or 261 up to the period of one year from the date of the conclusion of the agreement. 1 shall be continued.

Decision on the termination of negotiations

§ 257. (Policy determination) The special negotiating body may decide not to conclude an agreement with at least two-thirds of its votes representing at least two-thirds of the employees in at least two Member States. § 256 (1), or to cancel the negotiations which have already been opened.

(2) In the case of a European cooperative which is to be constituted by conversion, the special negotiating body may not take a decision within the meaning of paragraph 1 if provisions relating to participation in the company to be implemented are laid down in the company. exist.

(3) The special negotiating body shall, at the written request of at least 10% of the employees of the European Cooperative Society, its subsidiaries and establishments or their representatives, at the earliest two years after the decision referred to in paragraph 1 shall be reconvened unless the special negotiating body and the competent body of the European Cooperative Society set a shorter time limit. For the negotiations, the European Cooperative Society or the competent institution of which all the obligations of the legal persons involved in negotiations relating to the establishment of a European Cooperative Society shall be the responsibility of the competent institution. whose competent bodies are responsible.

(4) In the event of a decision pursuant to paragraph 1, or if no agreement has been reached within the period provided for in the negotiations initiated pursuant to paragraph 3 (§ 256), the provisions of the third paragraph shall apply. Subsection no application.

Structural changes

§ 258. (Policy determination) (1) The special negotiating body shall be:

1.		on the basis of a written request from the competent body of the European Cooperative Society, or
2.		At the written request of at least 10% of the employees of the European Cooperative Society, its subsidiaries and establishments or their representatives, or
3.		on written application of the SCE works council (§ 273 (1) (2))
, in so far as there are substantial changes to the structure of the European Cooperative Society which relate to the interests of the employees in relation to their rights of participation.

(2) The main changes to the structure of the European Cooperative Society are, in particular, the transfer of the seat of the European Cooperative Society, the change in the administrative system of the European Cooperative Society, the decommissioning, the restriction or transfer of undertakings or undertakings of the European Cooperative Society, the concentration of undertakings or undertakings of the European Cooperative Society and the acquisition by the European Union of substantial holdings in other undertakings Cooperative, provided that this significant influence on the overall structure of the European Cooperative Society, as well as of significant changes in the number of persons employed in the European Cooperative Society and its subsidiaries.

(3) For the negotiations to conclude an agreement in accordance with § § 260 or 261, the special negotiating body or To reassemble the SCE works council in accordance with the changes in the structure or number of employees of the European Cooperative Society, its subsidiaries and establishments (§ § 246 (5) and 263 (2)). For the negotiations, the European Cooperative Society or the competent institution of which all the obligations of the legal persons involved in negotiations relating to the establishment of a European Cooperative Society shall be the responsibility of the competent institution. whose competent bodies are responsible.

(4) If an agreement in force, in accordance with § § 260 or 261, contains a regulation on the conditions and the procedure for its renegrown, this shall be carried out in accordance with the requirements of the provisions of paragraphs 1 to 3.

(5) If no agreement has been reached within the time period provided for in the negotiations (§ 256), the provisions of the 3. Subsection with the proviso that the extent of the employees ' participation rights shall be determined in accordance with the structure of the European Cooperative Society, its subsidiaries and establishments at the time of the failure of the negotiations.

Procedural abuse

§ 259. (Policy determination) (1) A European Cooperative Society may not be misused to withdraw or withhold rights of participation of service workers. Abuse is to be assumed, in particular, when changes in the structure of the European Cooperative Society take place, which are likely to deprivate or withhold rights of participation of employees. In the event of such a change, renegotiation shall be carried out in accordance with the provisions of section 258.

(2) As amendments to the meaning of paragraph 1, all changes to the structure of the European Cooperative Society within the meaning of Section 258 shall apply until proof of the contrary, provided that these changes take place within one year of their registration.

Agreement on the participation of the employees in the European Cooperative Society

§ 260. (Policy determination) (1) Where the special negotiating body and the competent body of the legal persons concerned conclude an agreement on the participation of the service takers in the European Cooperative, they shall in any case have

1.		the European Cooperative Society, its subsidiaries and establishments covered by the Agreement;
2.		the composition of the SCE works council, the number of members, the distribution of seats and the duration of the mandate, including the effects of significant changes in the structure of the European Cooperative Society, and of major changes in the structure of the European Cooperative Society Number of persons employed in the European Cooperative Society and its subsidiaries (Section 258 (2));
3.		the powers and the procedure for informing and consulting the SCE works council;
4.		the frequency of meetings of the SCE works council;
5.		the financial and material resources to be made available for the SCE works council;
6.		the date of entry into force of the agreement and its duration, the cases in which this agreement should be reneged, and the procedure to be followed in its renegrown
.

(2) If the parties decide to introduce a co-determination procedure, they shall in any case have

1.		the number of members of the supervisory or administrative board who may elect or order the service or whose order they may recommend or refuse to appoint;
2.		the procedure according to which the employees may elect or appoint or recommend or reject the appointment of these members, and
3.		the rights of those Members
.

(3) In the case of a European cooperative which is to be established by means of transformation, the agreement must guarantee the rights of the service-takers to information, consultation and participation, at least to the extent to which they are incorporated in the agreement. cooperatives to be converted.

Agreement on a procedure for the information and consultation of the service

§ 261. (Policy determination) (1) Where the special negotiating body and the competent organ of the legal persons concerned agree to the establishment of one or more procedures for informing and consulting the employees, they shall, in any event, have

1.		the European Cooperative Society, its subsidiaries and establishments covered by the Agreement;
2.		the impact of major changes in the structure of the European Company and of significant changes in the number of employees in the European Cooperative and its subsidiaries (Article 258 (2));
3.		the powers and the procedure for informing and consulting the representatives of the employees;
4.		the conditions under which the service representatives have the right to meet for an exchange of views on the information submitted to them;
5.		the financial and material resources to be made available to the representatives of the service representatives;
6.		the date of entry into force of the agreement and its duration, the cases in which this agreement should be reneged, and the procedure to be followed in its renegrown
.

(2) In addition, the Agreement shall lay down the obligation of the competent institution of the European Cooperative Society to inform the Service Representatives, in particular, on all matters relating to the European Cooperative Society itself, or their subsidiaries and establishments in another Member State, or which exceed the powers of the decision-making bodies at the level of the individual Member State.

(3) § 260 (3) shall apply.

3. Subsection

Participation of the employees in the European Cooperative Society

SCE-Works Council by law

Erection

§ 262. (Policy determination) (1) If

1.		the competent bodies of the legal persons involved and the special negotiating body shall agree on this or
2.		no agreement has been reached in accordance with § § 260 or 261 within the period determined in accordance with § 256 for the negotiations, and the special negotiating body has not taken a decision in accordance with Section 257 (1),
An SCE Works Council shall be established in accordance with the provisions of this Subsection.

(2) Unless otherwise specified in the agreements in accordance with § § 260 or 261, the provisions of this item do not apply to these agreements.

Composition

§ 263. (Policy determination) (1) For each share of employees employed in a Member State, which accounts for 10% of the total number of persons employed in all Member States of the European Cooperative Society, its subsidiaries and establishments, or a fraction thereof , a member from that Member State shall be sent to the SCE works council. § 245 (3) to (5) shall apply.

(2) During the period of operation of the SCE works council, such changes in the structure or service number of the European Cooperative Society, its subsidiaries and establishments shall be such as to ensure that the composition of the SCE works council is established in accordance with As a result, the SCE works council should be reassembled accordingly. Section 246 (5) shall apply.

Posting

§ 264. (Policy determination) (1) The posting of the Austrian members of the SCE works council is carried out in accordance with § § 247 and 248; this, however, with the proviso that the posting of representatives of the competent voluntary professional association is only permissible, provided that these Members of the Works Council pursuant to Section 158 (4) are.

(2) § 248 (4) is to be applied with the proviso that the announcement of the designated members of the SCE works council must be made to the competent organ of the European Cooperative Society.

Constitution, management, rules of procedure, meetings, decision-making

§ 265. (Policy determination) (1) The Management Board or the Management Board of the European Cooperative Society shall, immediately after the announcement of the designated members of the SCE works council, invite them to be invited to the meeting of the latter. If the Board of Directors or the Board of Directors of the European Cooperative does not comply with this obligation, any member of the SCE Works Council may make the invitation. The members of the SCE works council shall elect a chairman and one or more alternates from among their members. The Chairman shall inform the Management Board or the Administrative Board of the European Cooperative immediately of the end of the constitutive sitting and the outcome of this election.

(2) Representative of the SCE works council to the European Company and to the outside is provided, subject to the provisions of the Rules of Procedure (par. 3) nothing else is determined, the chairman, upon his prevention of the deputy. The SCE Works Council may, in individual cases, also appoint other members of its members to represent them externally.

(3) The SCE works council, acting by a majority of its members, shall adopt its rules of procedure. This may, in particular, regulate:

1.		the establishment, composition and management of the Committee referred to in § 266;
2.		the name of the matters in which the committee has the right to take a decision on a self-employed basis;
3.		the definition of the nature and scope of the representative power of the chairman of the narrower committee.

(4) The SCE Works Council shall have the right to meet before each meeting with the Board of Directors or the Administrative Board of the European Cooperative Society (§ 270) for a preparatory meeting. The SCE works council can be supported by experts of its choice. The SCE works council is quorum if at least half of its members are present. Decisions shall be taken by a simple majority of the votes cast.

Closer Committee

§ 266. (Policy determination) If it justifies the number of its members, the SCE Works Council shall elect from its centre a closer committee, consisting of a chairman and a maximum of two other members. The closer committee shall carry out the ongoing operations of the SCE works council; for the latter, Section 265 (4) shall apply, with the proviso that the closer committee shall have the right, in the cases referred to in Article 271 (2), to the composition as defined therein to the before the preparatory meeting.

Duration of activity, duration of membership

§ 267. (Policy determination) (1) The period of operation of the SCE works council shall be four years. It shall begin with the date of the constitution or with the expiry of the period of activity of the former SCE works council, if the constitution was carried out before that date.

(2) Before the expiry of the period referred to in paragraph 1, the period of operation of the SCE works council shall cease if:

1.		the deletion of the European Cooperative into the Company's register;
2.		the SCE works council decides to resign by majority decision;
3.		the court declares the establishment of the SCE works council (§ 262 para. 1) invalid; the action shall be submitted no later than one month after the constitution of the SCE works council;
4.		The SCE works council and the competent organ of the European Cooperative Society conclude an agreement in accordance with § § 260 or 261.

(3) In the cases referred to in paragraph 2 (2) (2) and (3), a new SCE works council shall be formed by the application of sections 263 and 264.

(4) The membership of the SCE works council begins with the announcement of the decision on the posting of the decision (§ 264).

(5) Membership of the SCE Works Council shall end if:

1.		the duration of the activities of the SCE works council ends;
2.		resign from the Member State;
3.		the institution of the service which the member has sent to the SCE works council shall be convened, at any rate to be dismissed if its membership to the works council ends;
4.		the operation or the undertaking to which the Member is a member of the European Cooperative State;
5.		the court declares the decision to be sent (§ 264) invalid; the action shall be submitted no later than one month after the constitution of the SCE works council.

(6) In the cases of Section 4 (2) (2) to (5), section 253 (3) shall apply.

Contribution of the material requirements, cost-bearing

§ 268. (Policy determination) The costs incurred in connection with the activities of the SCE works council and the closer committee shall be borne in accordance with § 254 of the European Cooperative Society.

Powers of the SCE works council and of the closer committee

Information and consultation

§ 269. (Policy determination) The SCE Works Council shall have the right to have matters relating to the economic, social, health and cultural interests of the employees of the European Cooperative Society itself or any of its subsidiaries or any of its subsidiaries. In the case of holdings located in another Member State, or beyond the powers of the decision-making bodies at the level of the individual Member State, they shall be informed and consulted.

§ 270. (Policy determination) (1) The SCE Works Council shall have the right, once a year, with the competent institution of the European Cooperative Society, without prejudice to the powers of the SCE and without prejudice to any agreements with the Board of Directors or the Management Board of the European Cooperative Society. European cooperative, for the purpose of information and consultation, on the basis of reports regularly submitted by the competent organ of the European Cooperative Society on the development of the business situation and the prospects of the European Union Cooperatives. The local management shall be informed of this.

(2) The information and consultation shall relate in particular to the structure of the European Cooperative Society, its economic and financial situation, the probable development of the business, production and sales situation, to which: the employment situation and its probable development, on investment, on fundamental changes to the organisation, on the introduction of new working and manufacturing processes, on the relocations of production, on mergers, reductions, or Closures of companies, businesses or important parts of this Units and mass redundancies.

(3) The competent organ of the European Cooperative Society shall transmit to the SCE works council the agenda of all meetings of the Management Board and of the Supervisory Board or of the Management Board, as well as copies of all documents issued by the General Assembly. shall be submitted.

§ 271. (Policy determination) (1) Treten exceptional circumstances which have a significant impact on the interests of the employees, in particular in the event of transfer, relocations or closure of undertakings or establishments or in the event of collective redundancies, the SCE Works Council the right to be informed of them in the event of a marriage. The SCE works council or, where the SCE works council so decides, in particular with regard to the urgency of the matter, the closer committee shall have the right, at the request of the competent institution of the European Cooperative Society or the European Cooperative Society, to To meet representatives of a more appropriate level of governance within the European Cooperative, with its own decision-making powers, in order to deal with the measures with a significant impact on the interests of the service workers is to be informed and consulted. This meeting shall be without prejudice to the preroe of the competent institution of the European Cooperative Society.

(2) The members of the SCE works council shall also participate in a meeting with the closer committee and shall represent the employees directly affected by those measures.

(3) If the competent organ of the European Cooperative Society decides not to act in accordance with the opinion delivered by the SCE Works Council, the SCE Works Council shall have the right, another time, with the competent organ of the European Cooperatives to meet to reach an agreement.

Information to the local service representatives

§ 272. (Policy determination) Without prejudice to § 279, the members of the SCE Works Council shall have the service representatives of the European Cooperative Society, its subsidiaries and establishments on the content and results of the activities carried out in accordance with the provisions of this section. Information and consultation.

Decision on the opening of negotiations

§ 273. (Policy determination) (1) The SCE Works Council shall:

1.		four years after its constitutive session, or
2.		in the case of substantial changes to the structure of the European Company (Section 258 (2)), without delay
to take a decision on whether to negotiate an agreement in accordance with § § 260 or 261, or whether the provisions of this main piece should continue to be applied.

(2) If the SCE Works Council decides to negotiate such an agreement, § § 255, 260 and 261 shall apply with the proviso that, instead of the special negotiating body of the SCE works council, this agreement shall be negotiated. If no agreement has been reached within the period provided for in the negotiations (§ 256), the provisions of this section shall continue to apply.

Co-determination by law

Applicability

§ 274. (Policy determination) (1) The provisions of this subsection on the co-determination of the service takers shall apply if:

1.		the competent bodies of the legal persons involved and the special negotiating body shall agree on this or
2.		no agreement has been reached in accordance with § § 260 or 261 within the period determined in accordance with § 256 for the negotiations, and the special negotiating body has not taken a decision in accordance with Section 257 (1).

(2) The provisions of this subsection on the co-determination of the service takers shall come in the case of a European Cooperative Society, which shall:

1.		is to be established by means of transformation, only if there have been rules on co-determination in the cooperative society to be converted;
2.		is to be established by merger, only if
a)			exists in at least one of the co-operatives involved and extends to at least 25% of the total number of employees of all the cooperatives involved, or
b)			in at least one of the co-operatives involved, and shall be less than 25% of the total number of the cooperatives of all the cooperatives involved, provided that the special negotiating body makes a decision ;
3.		is to be established in a different way, only if
a)			in at least one of the legal persons involved, and shall cover at least 50% of the total number of employees of all the legal persons involved, or
b)			in at least one of the legal persons involved, and shall cover less than 50% of the total number of employees of all the legal persons involved, provided that the special negotiating body has a corresponding Decision taken.

(3) Where there is more than one form of participation in the legal persons concerned, the special negotiating body shall decide which of them shall be introduced in the European Cooperative.

(4) The special negotiating body shall inform the competent institution of the legal persons concerned of the decisions it has taken pursuant to paragraphs 2 and 3.

(5) Where the special negotiating body does not take a decision in accordance with paragraph 3, the form of co-determination shall apply, which shall cover the highest number of employees engaged in the legal persons involved.

Right to co-determination

§ 275. (Policy determination) (1) The institutions of the European Cooperative Society, its subsidiaries and establishments for the representation of the employees or the representatives of the employees shall have the right to form part of the members of the Board of Directors of the European cooperative to choose or order or to recommend or reject their order. The number of such members shall be determined by the highest relevant proportion of the representatives of the supervisory or administrative bodies in the legal persons concerned prior to the registration of the European Cooperative.

(2) In the case of a European cooperative which is to be constituted by conversion, the provisions governing the co-determination of the employees in force for the cooperative to be converted shall continue to apply in accordance with sections 276 to 278 of this Regulation.

Distribution of seats in the supervisory and management board

§ 276. (Policy determination) (1) The SCE Works Council shall decide on the distribution of the seats in the supervisory or administrative board of the European Cooperative Society to the representatives of the employees from different Member States in accordance with the respective shares of the members of the European Cooperative Society. Member States employed workers of the European Cooperative Society, its subsidiaries and establishments.

(2) If, in this way, several seats were to be granted to service representatives from the same Member State and, at the same time, service takers from one or more Member States would remain unaccounted for, the SCE works council has a new distribution of the Seats in accordance with paragraph 1, whereby a seat shall not be included in the distribution. This seat shall be allocated to a service representative from one of the non-represented Member States. This shall be carried out in such a way that the seat is to be allocated to the representatives of the service representatives from the Member State in which the European Cooperative Society is established. If the seat of the supervisory board or the management board is already established by that Member State in accordance with paragraph 1, that seat shall be allocated to the representatives of the services of the Member State previously unaccounted for, in which the highest proportion of service workers is employed.

(3) Where the number of members of the supervisory or management board appointed by the competent institution of the European Cooperative Society changes, the SCE Works Council shall have the distribution of the seats of the representatives of the employees, taking into account the positions of the members of the Board of Directors, (1) and (2) to re-determine the principles set out in the first and second subparagraphs by dismissive and/or dismissive service representatives. additional seats shall be distributed among the representatives of the service from the respective Member States.

Posting of Members

§ 277. (Policy determination) (1) The posting of the Austrian members to the supervisory board or the administrative board of the European Cooperative Society shall take place in accordance with the decision of the SCE works council on the distribution of seats in accordance with § 264.

(2) The posting of Members from Member States which do not provide for the secondment by the competent national body of the service shall be sent to the supervisory or administrative board of European cooperatives with registered offices in the country concerned by the SCE works council to be carried out.

(3) The announcement of the members sent to the supervisory or administrative board of the European Cooperative Society shall be made to the SCE works council and to the competent body of the European Cooperative Society.

(4) The membership of the Austrian representatives in the supervisory board or the administrative board of the European Cooperative Society begins with the announcement of the decision on the posting of persons (para. 2) and ends in the cases of § 267 (5) Z 2 to 5 as well as in the case of § 276 (3).

Right of the representatives of the Supervisory Board and the Board of Directors

§ 278. (federal law directly applicable) (1) For decision-making on the appointment and dismise of members of the Executive Board, the election of the Chairman of the Supervisory Board and his first deputy, on the election and dismise of the Chairman of the Board of Directors and his first Deputy as well as the appointment and dismise of managing directors is subject to § 215 para. 5 third and fourth sentence.

(2) (Policy determination) In addition, the representatives of the employees in the supervisory board or the administrative board shall have the same rights, including the right to vote, and obligations such as those appointed by the competent institution or by the statutes of the European Cooperative Society.

(3) In the case of the right of the representatives of the employees to sit and vote in committees of the Supervisory Board or the Administrative Board, Section 215 (4) shall apply, provided that the right of the representatives of the employees to the seat and vote is not applicable to committees of the Supervisory Board. The Administrative Board shall govern relations between the cooperative and the managing directors, with the exception of decisions relating to the appointment and dismissiation of directors.

4. Subsection

Legal status of the service representatives

Confidentiality of Obligations

§ 279. (Policy determination) (1) The members of the special negotiating body and the SCE works council and the experts who support them, as well as the representatives of the employees who are involved in an information and consultation procedure pursuant to § 261, are 218 (4), with the proviso that the obligation arising from this provision shall continue to exist even after the expiry of the mandate.

(2) The obligation laid down in paragraph 1 shall not apply to the local service representatives if they are to be informed of the content of the subdirections and results of the hearings pursuant to an agreement (§ § 260 and 261) or § 272.

Rights of service representatives

§ 280. (Policy determination) (1) With regard to the personal rights and obligations of the Austrian members of the special negotiating body and of the SCE works council, the service representatives who participate in an information and consultation procedure pursuant to § 261, as well as the service representative in the supervisory board or the administrative board of the European Cooperative Society, insofar as these employees of the European Cooperative Society, its subsidiaries or establishments or any of the legal persons involved or the subsidiaries concerned, the provisions § 218 (2), first sentence and para. 3, 219 and 223 to 225 apply.

(2) Without prejudice to § 221 (1), each Austrian member of the SCE works council shall be entitled to an exemption from the work performance for participation in training and educational events up to a maximum of one week within a Functional period under payment of the payment.

5. Subsection

Closure and transitional provisions

Relationship to other provisions

§ 281. (Policy determination) (1) § 215 shall not apply to European Cooperatives, unless otherwise provided in this Section. § 215, however,

1.		to those European cooperatives which are not subject to the provisions of Section 12a in accordance with Article 238, and
2.		Subsidiaries of European Cooperatives located in Germany
Application.

(2) Where the seat of a European Cooperative Society, which contains provisions on participation but which is not subject to the provisions of Section 12a, is transferred to the national territory, the same level of service shall continue to be provided to the operators. the right to co-determination.

(3) In addition, the provisions of Section 8 remain unaffected by the provisions of this Section.

(4) The institutions of the service in the participating legal persons in the territory of the country whose legal personality is issued with the registration of the European Cooperative Society shall continue to exist after their registration. The Management Board or the Management Board of the European Cooperative Society shall ensure that these institutions can continue to exercise the powers of the service in accordance with the provisions on the powers of the service of Sections 194 to 214 of the European Union.

(5) The service representatives sent to the Administrative Board of a European Cooperative pursuant to the provisions of this Section shall not apply those provisions in supervisory laws to those provisions which shall be applicable to members of the Management Board. require special professional competence, special qualification requirements or similar conditions, unless the service representatives are appointed to the Executive Directors of the Board of Directors pursuant to Section 25 (1) of the SCE Act.

Criminal provisions

Section 282. (Policy determination) (1) The implementing legislation has to provide that transgressions of the implementing provisions to § § 243 Z 1 and 2, 245 (3), 246 (5), 249 (1) and (4), 255 (2), 257 (3), 258 (3), 261 (2), 265 (1), 279 (1) and (281) (4) shall be deemed to be Administrative transgressions shall be punished by the district administrative authority with a fine of up to € 2 180, provided that the act is not subject to a stricter penalty under other rules.

(2) The implementing legislation also has to provide that the transgressions referred to in paragraph 1 are to be pursued and punished only if in the case of

1.		§ § 243 (1) and (2), 245 (3), 246 (5), 249 (1), 257 (3), 258 (3), 265 (1) and (281) (4) of the legal persons, subsidiaries, undertakings concerned or the European Cooperative Society concerned Existing service representatives;
2.		§ § 249 (4) and 255 (2) the special negotiating body;
3.		Section 261, para. 2, the representative office responsible for the agreement pursuant to section 261 (1) of the Agreement;
4.		Section 279 (1) the competent management or administrative organ of the legal persons involved, the subsidiaries concerned, the undertakings concerned or the Management Board or the Management Board of the European Cooperative Society
within six weeks from the knowledge of the transgressing and the person of the offender to the relevant district administrative authority to issue a criminal complaint (private prosecutor).

(3) (federal law directly applicable) § 56 (2) to (4) of the German Criminal Code (VStG) shall apply to criminal proceedings. "

9. (Basic Law and directly applicable federal law) The previous § § 238, 238a and 239 are given the name "§ § 283 to 285" .

10. (Determination of the principles) § 284 (2) reads:

" (2) (Policy determination) To the extent that the basic provisions of this Federal Act refer to other federal laws, these are to be applied in the following versions:

1.		Hausgehilfen-und Hausangestelltengesetz, BGBl. No. 235/1962, in the version of the Federal Law BGBl. I No 100/2002,
2.		Industrial Order 1994 (GewO 1994), BGBl. No. 194, in the version of the Federal Law BGBl. I No 15/2006,
3.		Executive order, RGBl. No. 79/1896, in the version of the Federal Law BGBl. I No 68/2005,
4.		General Social Security Act-ASVG, BGBl. No. 189/1955, in the version of the Federal Law BGBl. I No 155/2005,
5.		Income Tax Act 1988-EStG 1988, BGBl. No. 400, in the version of the Federal Law BGBl. I No 161/2005,
6.		Farmers-Social Security Law-BSVG, BGBl. No. 559/1978, in the version of the Federal Law BGBl. I No 155/2005,
7.		Industrial Social Security Act GSVG, BGBl. No. 560/1978, in the version of the Federal Law BGBl. I No 155/2005,
8.		General civil code, JGS No. 946/1811, in the version of the Federal Law BGBl. I No 120/2005,
9.		Civil Procedure Code-ZPO, RGBl. No. 120/1895, in the version of the Federal Law BGBl. I No 7/2006,
10.		General Pension Act (APG), BGBl. I n ° 142/2004, in the version of the Federal Law BGBl. I No 132/2005,
11.		Labor and Social Courts Act-ASGG, BGBl. No. 104/1985, in the version of the Federal Law BGBl. I No 104/2006,
12.		Federal law on the division of capital companies (gap G), BGBl. No. 304/1996, in the version of the Federal Law BGBl. I No 120/2005,
13.		Wehrgesetz 2001-WG 2001, BGBl. I n ° 146, in the version of the Federal Law BGBl. I No 58/2005,
14.		Civil Service Law 1986-ZDG, BGBl. No. 679, in the version of the Federal Law BGBl. I No 106/2005,
15.		Unemployment Insurance Act 1977 (AlVG), BGBl. No. 609, in the version of the Federal Law BGBl. I No 36/2006,
16.		Labour Market Promotion Act-AMFG, BGBl. No 31/1969, in the version of the Federal Law BGBl. I No 64/2004,
17.		Child Care Money Act (KBGG), BGBl. I n ° 103/2001, as amended by the Federal Law BGBl. I No 100/2005,
18.		Company employee health care law-BMVG, BGBl. I n ° 100/2002, as amended by the Federal Law BGBl. I No 37/2005,
19.		Investment Fund Act-InvFG 1993, BGBl. No. 532/1993, in the version of the Federal Law BGBl. I No 122/2005,
20.		Pensionskassengesetz-PKG, BGBl. No. 281/1990, in the version of the Federal Law BGBl. I No 59/2005,
21.		Solemn Law 1957, BGBl. No. 153, in the version of the Federal Law BGBl. No 144/1983,
22.		Home Labor Act 1960, BGBl. No. 105/1961, in the version of the Federal Law BGBl. I No 98/2001,
23.		School teaching law 1986-SchUG, BGBl. No. 472, in the version of the Federal Law BGBl. I No 20/2006,
24.		School Organization Law, BGBl. No. 242/1962, in the version of the Federal Law BGBl. I No 20/2006,
25.		Victims ' Care Act, BGBl. No. 183/1947, in the version of the Federal Law BGBl. I No 86/2005,
26.		Development Cooperation Act (EZA-G), BGBl. I n ° 49/2002, as amended by the Federal Law BGBl. I No 65/2003,
27.		Chemicals Act 1996-ChemG 1996, BGBl. I No 53/1997, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 151/2004,
28.		Plant Protection Products Act 1997, BGBl. I n ° 60, in the version of the Federal Law BGBl. I No 83/2004,
29.		Waste Management Act 2002-AWG 2002, BGBl. I n ° 102, in the version of the Federal Law BGBl. I No 34/2006,
30.		Biocide Products Act (Biocide G), BGBl. No 105/2000, in the version of the Federal Law BGBl. I No 151/2004,
31.		Workers ' Protection Act-ASchG, BGBl. No. 450/1994, in the version of the Federal Law BGBl. I No 159/2001,
32.		Medical Law 1998-Medical Law 1998, BGBl. I n ° 169, as amended by the Federal Law BGBl. I No 156/2005,
33.		Agricultural and Forestry Vocational Training Act-LFBAG, BGBl. No 298/1990, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 46/2005,
34.		Angestelltengesetz, BGBl. No 292/1921, in the version of the Federal Law BGBl. I No 35/2006,
35.		Law on property rights, BGBl. No. 538/1923, in the version of the Federal Law BGBl. I No 143/2004,
36.		Workplace-Backup Act 1991-APSG, BGBl. No. 683, in the version of the Federal Law BGBl. I No 56/2005,
37.		Stock Law 1965, BGBl. No. 98, in the version of the Federal Law BGBl. I No 120/2005,
38.		GmbH-Gesetz-GmbHG, RGBl. No. 58/1906, in the version of the Federal Law BGBl. I No 120/2005,
39.		Labour Constitutional Law, BGBl. No. 22/1974, in the version of the Federal Law BGBl. I No 104/2006,
40.		Corporate Code, dRGBl. No. 219/1897, in the version of the Federal Law BGBl. I No 161/2004,
41.		National Council Electoral Regulations 1992, BGBl. No. 471, in the version of the Federal Law BGBl. I No 90/2003,
42.		SCE law, BGBl. I No 104/2006.

11. (Determination of the principles) The following paragraph 3 is added to the following § 284:

" (3) References in the basic provisions of this Federal Act to Regulation (EC) No 1435/2003 are references to Regulation (EC) No 1435/2003 on the Statute for a European Cooperative Society (SCE), OJ L 327, 30.4.2003, p. No. OJ No L 207, 22. 7. 2003 p. 1. "

12. (directly applicable federal law) The following paragraph 29 is added to the "nunmehrigen" § 285:

" (29) (federal law directly applicable) The laws of execution of the Länder in respect of Section 39d (2), § 67 (4), § 145 (6), § 216 (2) and (4), § 237 (5), § 238 to 277, § 278 (2) and (3), § § 279 to 281, § 282 (1) and (2), and § 284 (2) and (3), as amended by the Federal Law BGBl. I No 104/2006, shall be adopted within six months of the date on which the event is held. '

Fischer

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