EU Inc (the 28th regime) · 2026/0074(COD)
Opposes the proposal due to risks to workers' rights, legal uncertainty, and lack of capital requirements, and demands significant changes to protect labour standards and employee rights.
Introduce a real minimum capital requirement above zero euros to prevent abuse, phoenixing, labour crime, and money laundering, ensuring market integrity and creditor and employee protection.
“FH considers that a company-law regime without a real capital requirement is incompatible with the ambitions for a well-functioning internal market and effective combating of economic crime.”
Consultation for the EU Inc. - Attachment, prior consultation.docx, page 6
Add explicit provisions that national labour law and worker protections apply in the Member State where the work is habitually performed, including wages, working time, health and safety, equal opportunities, protection against discrimination, and dismissal protection.
“New article 4(2a): The country of origin-principle applied in paragraph 2 does not include the application of labour law. National labour law and practices continue to fully apply in the Member State where the work is habitually performed. New recital 83a: Rules protecting workers continue to fully apply in the Member State where the work is habitually performed. This includes wages, working time, health and safety, equal opportunities for women and men, protection against discrimination, and dismissal protection.”
Feedback, 2026-06-23
Ensure employee participation rules apply according to where employees work, not where the company is registered, to protect workers' rights to influence in the workplace.
“We disagree with the principle inserted in the proposals article 12. We propose to delete the article. Employee participation-rules should apply in relation to where employees are working.”
Feedback, 2026-06-23
Clarify which authorities and courts have jurisdiction over labour law and tax matters related to EU Inc., ensuring supervision and enforcement in the Member State where work is performed.
“New article 4(2b): Authorities and courts have jurisdiction in accordance with the legislation in the member state, whose legislation is observed in accordance with 4(2a).”
Feedback, 2026-06-23
Reject any 28th regime that includes labour law or allows companies to bypass national labour laws and collective agreements, to protect workers and trade union rights.
“FH can never accept a 28th regime, that also contains labour law. This potentially leads to a possibility to circumvent both labour law and collective agreements.”
Feedback, 2025-09-30
Introduce criteria to ensure a genuine connection between the EU Inc.'s registered office and its owners or directors to prevent letterbox companies and regulatory arbitrage.
“New article 9(2a): Either half of the prospective board of directors or the majority owner of the EU Inc. must be a national of the member state, where the EU Inc. has its registered office.”
Feedback, 2026-06-23
Avoid creating a 28th regime that adds regulatory layers and risks distorting competition or bypassing national rules such as disqualification from directorship.
“The 28th regime has the risk to distort competition between national companies. Additionally, it will mean, that there is another layer of regulation... One example of further distortion would be, that there is no insurance, that the 28th regime won’t bypass national rules on e.g. disqualification from directorship due to, among other things, previous bankruptcies or bad faith actions.”
28th regime consultation hearing.docx, page 2
Delete or significantly limit Article 4(2) so it applies only to company law and not to labour law, tax law, or other areas, to avoid legal uncertainty and protect workers' rights.
“FH strongly urges the Danish Government to work actively for the proposal to be withdrawn and revised, or at a minimum for Article 4(2) either to be deleted from the proposal or for its scope to be significantly and specifically limited in the text of the regulation so that it does not apply to areas of law other than company law.”
Consultation for the EU Inc. - Attachment, prior consultation.docx, page 2
Do not base the 28th regime on EU competence to regulate labour or tax law, as this raises serious legal questions and risks breaching subsidiarity and proportionality.
“FH wonders on what legal basis the Commission intends to build a 28th regime, which includes tax and labour law, on. The EU is severely limited when it comes to regulating core areas of labour law, and tax law is likewise as a principle a matter of national sovereignty.”
28th regime consultation hearing.docx, page 2
Add provisions to prioritize employees in insolvency proceedings, ensuring they are listed as creditors and have priority over other creditors in distribution of proceeds, and apply Directive 2008/94/EC protections in the Member State where the worker is based.
Ensure the 28th regime includes strong safeguards against misuse of rules and tax evasion, and respects national tax sovereignty.
“If there is ever to be any kind of 28th regime... there must be strong hindrances against the misuse of rules and tax evasion.”
Feedback, 2025-09-30
Open source underneath
WhoShapedIt is a thin layer on open-source packages. Star them, fork them, build your own micro.
Open-source context and state for AI: it keeps only what matters for the question.
In WhoShapedIt: Reads every lobby submission and position paper and each official text, cut into passages, and judges each passage against nine questions (who can use EU Inc, workers on the board, tax…), so every ask and every step is read on the passages that address it.
Open-source Svelte components for clean, accessible interfaces.
In WhoShapedIt: The status, the timeline, the theme picker, the camps of lobbies and the organisation pages.
Also built with SvelteKit · Vercel AI SDK · Zod