Case law · Economic matters
Economic matters §§ 106–110 BetrVG
Economic committee, information and disclosure duties of the employer – and the role of the conciliation committee where the scope of information is in dispute. Fundamentals and decisions of the BAG and regional labour courts, added regularly.
As of 11 July 2026 · Every decision included is checked against the official primary source.
Economic committee and information (§§ 106–108 BetrVG)
In undertakings that permanently employ more than 100 employees, an economic committee must be formed (§ 106 BetrVG). The employer must inform it in good time and comprehensively about economic matters and provide the necessary documents – for example on the economic and financial situation, the production and sales position and planned operational changes. § 108 BetrVG governs the committee's meetings.
Dispute over information: here the committee decides (§ 109 BetrVG)
If the employer fails to provide information on economic matters, or does so late or inadequately, and the dispute cannot be settled by negotiation, the conciliation committee decides on the works council's application (§ 109 BetrVG). This is the most direct point of contact between this field and the conciliation procedure.
Information of the employees (§ 110 BetrVG)
§ 110 BetrVG obliges the employer, in larger undertakings, to inform the employees regularly about the economic situation and development.
This page provides neutral information on the legal situation. As chair of a conciliation committee I represent neither side – I guide employer and works council jointly to a balanced, legally sound arrangement.
Decisions
Case law on §§ 106–110 BetrVG
This section is expanded weekly with checked decisions of the BAG and regional labour courts (information and disclosure duties, economic committee, the § 109 conciliation committee).
BAG · 1st Senate
§ 109 committee has jurisdiction without a prior economic-committee resolution
Order of 17 December 2019 · Ref. 1 ABR 25/18 · Sections 106, 109 BetrVG
Key point: The jurisdiction of the conciliation committee under Section 109 BetrVG does not require the economic committee to have passed a proper resolution on its request for information beforehand. The employer must inform the economic committee about the undertaking's economic matters using meaningful documents; no separate necessity test applies.
Relevance in practice: A leading decision on access to the committee in economic matters – it lowers the formal hurdles for the Section 109 procedure.
Source: bundesarbeitsgericht.de →
BAG · 1st Senate
Economic committee: information only about its own undertaking
Order of 17 December 2019 · Ref. 1 ABR 35/18 · Sections 106, 108, 109 BetrVG
Key point: The economic committee must be informed only about the economic and financial situation of the undertaking in which it is formed (Section 106(1) sent. 1 BetrVG) – not about the controlling parent company. Group ties or a tax group do not extend the information claim.
Relevance in practice: Limits the information claim – and thus the jurisdiction of the Section 109 committee – to the individual undertaking; particularly relevant in group structures.
Source: bundesarbeitsgericht.de →
Information committee under § 109 BetrVG
Where the information of the economic committee is in dispute, I conduct the procedure neutrally and swiftly to a clear result. Get in touch.