The revision of the EWC Directive 2009/38 has come to a close with an agreement reached on 21 May as a result of the trilogue (between European Parliament, Commission and Council). The draft agreement for a revised Directive (‘the Revision’ or ‘the Revised Directive’) was published on 28 May 2025; it is in the process of being formally approved by the Council and the Parliament and no further changes are expected.

1.  Many commentators appear to be relieved with the result. At the outset, in February 2023 with the Radtke Report of the European Parliament, the business community was horrified by the prospect of a revised Directive with remedies and sanctions mechanisms which would fundamentally change the existing model of cross-border EU level information/consultation towards a bargaining forum with threats of injunctive relief, draconic penalties and harsh sanctions.   The Parliament held on to those concepts throughout the trilogue, but did not prevail. 

Does this mean that the Revision is like the elephant having given birth to a mouse? We do not necessarily believe so, with a closer look at the changes it brings to the current legal framework. These changes require attention and in some cases action as they affect - sometimes quite fundamentally - both existing EWC agreements (any of the current about 1,200 agreements) as well as new to be negotiated EWC agreements.