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13.—(1) In the case where—
(a)an SE is established otherwise than by transformation, and
(b)the employees or their representatives of at least one of the participating companies had participation rights,
the representative body has the right to elect, appoint, recommend or oppose the appointment of a number of members of the administrative or supervisory body of the SE.
(2) Their number must be equal to the highest proportion in force in the participating companies concerned before the registration of the SE.
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