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Publication date: 4 November 2026 · Decision date: 19 October 2026
Summary
VDL Nedcar was required under Article 25 of the Works Councils Act to consult its works council before transferring the Development & Industrialisation unit.
Facts
Following the end of BMW production, VDL Nedcar contracted significantly. Engineering work and staff were effectively transferred to another VDL group company.
Procedural history
The works council filed its petition under Article 26 of the Works Councils Act on 13 August 2026. VDL opposed the request; the hearing took place on 28 August 2026.
Legal question
Was the intra-group transfer subject to consultation notwithstanding an earlier reorganisation proposal and the continuation of work elsewhere in the group?
Decision
The court declares that VDL could not reasonably have adopted the decision without timely consultation. Requested reversal and suspension measures are refused after balancing interests.
Reasoning and cited paragraphs
Paragraph 4.8 rejects the argument that the 2024 consultation covered the subsequent transfer. Paragraphs 4.9–4.12 apply Article 25(1)(c), (d) and (e) to VDL’s own undertaking rather than the group as a whole. Paragraphs 4.13–4.14 explain the declaration and the refusal of remedial measures.
Legal significance
An intra-group transfer may trigger consultation duties at the level of the individual undertaking. Past consultation does not automatically cover later structural decisions.