France: district court in Nanterre gives first interpretation of transnational notion in the recast directive

The order given by the district court (TGI) in Nanterre, on 26 November, dismisses the Transdev EWC’s demand to suspend the transport group’s decision to recover credit paid to SNCM, a decision which puts the latter company into default. According to the judge, even though it is admissible for legal action to be taken without the deliberation of the EWC — because of the urgency of the situation —, the committee did not need to be consulted on an issue which only concerns two French companies. The judge also said that since the decision only affected 2.5% of the group’s employees, it did not have a significant impact on European workers.
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Admissibility. This was first issue that the judge needed to address; the company felt that the decision to bring about legal proceedings was not made cooperatively, with the EWC making the decision without any deliberation. In its ruling the Nanterre district court states that the EWC’s secretary is, under this body’s agreement, authorized to represent the committee in legal proceedings. This, however, “does not grant him alone the power to decide on legal action on behalf of the EWC, which it

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