30.11.2023Amélie Nisio, Marouan Fawzi, Myriam de Gaudusson

The French Council of State sets out clarification regarding the scope of possible administrative controls over a Job Protection Plan rolled-out as part of collective proceedings – Option Droit & Affaires on 29th November 2023

A recent decision handed down by the French Council of State on 4th October 2023 in the Aigle Azur case sets out the remit for administrative controls when called upon to approve a Job Protection Plan (PSE) implemented during collective proceedings (following bankruptcy and/or administration). Whilst the need to ensure respect of mass dismissal plans on economic grounds remains even in the case of collective proceedings, the higher administrative jurisdiction in France has sought to clarify rules governing financial support mechanisms included within job protection plans and consultation proceedings.

Column written by Myriam de Gaudusson, partner, alongside Amélie Nisio and Marouan Fawzi, associates, our Employment Law  and Restructuring – Corporate Recovery – Distressed M&A teams published in Option Droit & Affaires no. 655 on 29th November 2023.