France: the 4-year term of the representative of a EWC established without an agreement cannot be questioned with subsequent elections

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ourt rendered a ruling within the framework of a dispute related to the appointment of the French representative at Dell’s EWC, established in a legal way. It overrides the ruling of the Court of Appeal of Montpelier which declared that the term of the representatives of the transnational employee representation body had to evolve with the results of each national election. Interpreting the articles of the Labor Code which transpose into French law the annex of the EWC directive (which applies in the absence of an agreement), the high court rules that, since European representatives are appointed for four years, their term cannot be questioned after elections which took place after their appointment.

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