PERIMETER OF THE GAZ DE FRANCE GROUP Sample Clauses

PERIMETER OF THE GAZ DE FRANCE GROUP. This agreement relates to the dominant company, its French subsidiaries, and its subsidiaries in European countries (European Union, European Economic Area, Countries applying to the Union). The list of these countries, at the date of signature, appears as an appendix to this agreement. It is modified in accordance with the changes in the group. In this geographical area it relates to companies where GAZ DE FRANCE exerts a dominant influence as understood by the first article of the French law of transposition. Thus, the group perimeter includes companies in which the dominant company holds at least 10% of the capital, when the permanence and the importance of the relations between these companies establish that both belong to the same economic unit, and that GAZ DE FRANCE exerts a dominant influence. “The existence of the dominant influence is presumed as existing, without prejudice to any contrary proof, when a company, directly or indirectly: - can name more than half of the members of the administration, management or monitoring bodies of another company; - or has a majority of the votes attached to the shares issued by another company; - or holds a majority of the subscribed capital of another company”. The perimeter as defined will be reviewed every six-months in order to take into account any developments within the group and to carry out the necessary adjustments. To this end, the situation of the companies will be analyzed pursuant to the above criteria. With regard to holdings (10 to 50%) not included in the group perimeter, the secretariat and a management representative will nevertheless be able to examine their actual situations with reference to the following elements: - The appointment of the company directors - The number of directors directly coming from the dominant company - Importance of its activities involving or relating to production, transport, distribution or associated services, - The wishes of the employees, In order to allow them, subject to the agreement of the Chairman and the majority of the employee representatives of the EWC, to have an observer’s seat during meetings for any points on the agenda concerning the whole group or their company.
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