Judgment of the Court (Second Chamber) of 16 May 2024.#Konzernbetriebsrat der O SE & Co. KG v Vorstand der O Holding SE.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – European company – Regulation (EC) No 2157/2001 – Article 12(2) – Involvement of employees – Registration of the European company – Conditions – Prior implementation of the negotiation procedure on the involvement of employees referred to in Directive 2001/86/EC – European company which was established and registered without employees but which became the parent company of subsidiaries employing employees – No obligation to conduct a negotiation procedure retrospectively – Article 11 – Misuse of a European company – Deprivation of the rights of employees to employee involvement