Court of Cassation Ruling on Trade Union Eligibility to Sue in Court

Extract

[...] In defence, it is argued that only trade union organisations representing the profession practised by the defendant are admissible to take action against the latter. However, this is not the case in the present instance of the syndicate of merchants and businesses of the Cher, which is made up of "professionals practising activities in the most diverse fields of commerce, crafts and services". Consequently, this syndicate is not legally empowered to sue in court by constituting itself as a civil party on the basis of Article L 411-2. [...]

[...] Philippe manager of the GEMO sign, is being prosecuted in his capacity on the basis of Articles L 221-5 and R 262-1 of the Labour Code, for an infringement of the Sunday rest rule regarding his employees. Procedure The Police Court has condemned him in first instance for violating these articles, but declared the syndicate of merchants and businesses of the Cher inadmissible as a civil party. This union appealed this judgment. The Court of Appeal of Bourges by a ruling dated 14 October 1999 confirmed the judgment of the Police Court. [...]

[...] Legal Problem What are the legal conditions are for a trade union to sue in court? Solution The Court of Cassation rejects the appeal of the Chamber of Commerce and Enterprises of Cher, on the grounds that this union 'does not constitute a union within the meaning of Article L 411-2'. Consequently, this union cannot sue in court by constituting a civil party on the basis of Article L 411-11. Scope of the judgment The interest of this judgment is to recall, on the one hand, the notion of union within the meaning of Article L 411-2 of the Labour Code and on the other hand, the conditions for the application of Article L 411-11 of the Labour Code, for a union to be able to act in court (II). [...]