Bankruptcy Law

Under the terms of Article L. 625-3 of the Commercial Code, proceedings pending before the Labor Court on the date of the opening judgment are continued in the presence of the legal representative and the receiver, or the latter duly summoned . Within ten days, the legal representative informs the court and the employees involved in the proceedings that the procedure has been opened . Within the s …

Continuation of ongoing proceedings and registration of labor court rulings

Under the terms of Article L. 625-3 of the Commercial Code, proceedings pending before the Labor Court on the date of the opening judgment are continued in the presence of the legal representative and the receiver, or the latter duly summoned . Within ten days, the legal representative informs the court and the employees involved in the proceedings that the procedure has been opened . Within the same timeframe, it is the responsibility of the legal representative or, failing that, of the employee plaintiffs, to lodge a claim against the AGS  and to provide the AGS with information relating to the subject matter and circumstances of the dispute, as well as any supporting documents .

The powers of the Labor Court in such proceedings are considerably limited: Article L. 622-7 of the Commercial Code  prohibits the payment of prior claims and subsequent claims not mentioned in I of Article L. 622-17 . The court must therefore confine itself to setting the claim as a liability, without being able to order the employer  or the AGS  to pay the claims for which it has determined the amount and ordered registration. This rule applies even if the company is once again in good standing . However, the court hearing a claim for payment of compensation in respect of a termination that occurred prior to the opening of the insolvency procedure may not declare it inadmissible: it must rule ex officio on the existence and amount of the alleged claims with a view to establishing them as liabilities .

Lastly, Article L. 625-6 of the Commercial Code, applicable to the receivership procedure by virtue of Article L. 631-18, specifies that decisions handed down by the labor court are entered on the statement of claims filed with the court registry. Once the court has decided whether the claim is a wage claim, it is obliged to set the amount and order it to be entered on the statement of wage claims . An application to guarantee claims due to an employee under an employment contract is not admissible where the decisions handed down by the labor court have not been entered on the statement of wage claims .

Cass. soc., 12 July 2016, LawLex202100003759JBJ (LJ).

Cass. soc., 14 March 2000, LawLex202200003991JBJ (RJ).

Applicable to the receivership pursuant to art. L. 631-14.

Also applicable by reference to Article L. 631-14. For an application, see Cass. soc. 18 December 2001, LawLex202200001520JBJ (RJ).

Cass. soc., 6 June 1989, LawLex202100003534JBJ (LJ) ; 8 April 1992, LawLex202100003535JBJ (RJ) ;  27 October 1998, LawLex202200004002JBJ (RJ) and LawLex202100003755JBJ (RJ) ; 12 February 2003, LawLex202200001518JBJ (LJ) ; 10 May 2006, LawLex202200004004JBJ (RJ) ; 18 November 2009, LawLex202200003975JBJ (LJ) ;  24 April 2013, LawLex202200003972JBJ (RJ) ; 14 June 2017, LawLex202200003971JBJ (RJ).

Cass. soc., 16 December 2008, LawLex202100003544JBJ (LJ), holding that a summons for the purposes of seizure for payment of wage and indemnity claims issued to the AGS by an employee is null and void, when the judgments invoked to justify it are limited to fixing these claims, but do not constitute enforceable titles allowing enforcement measures to be taken.

Cass. soc., 16 December 2020, LawLex202100006107JBJ (RJ) ; 28 September 2022, LawLex202200009595JBJ (RJ).

Cass. soc., 10 November 2021, LawLex202200002259JBJ (LJ).

Bankruptcy Law

539. Continuation of ongoing proceedings and registration of labor court rulings

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539. Continuation of ongoing proceedings and registration of labor court rulings

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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