On November 7 the Nanterre district court heard a submission for an emergency interim ruling sought after by the Transdev EWC against management of the transport group for non-respect of the right to information and consultation regarding its decision to demand for repayment of credit made to SNCM, a decision which puts the company into default. The emergency ruling should indicate the admissibility or not of an action bought about by an EWC and the concept of cross-border issues as defined in the new directive.
Admissibility. This is one of the first points for the judge’s ruling. The lawyer for the company argued for inadmissibility given that the decision to bring the action was not taken collectively. The lawyer invoked the application via analogy of the rules governing French works councils who seek to bring actions (such actions require a vote). Thus the Transdev lawyer concluded the EWC secretary did not have the capacity to act without such deliberation. For Ilan Muntlak, from the Grumach firm
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