Arbitral Digest

Matter

M. [C] [J] v Unilever Sanayi Ve Ticaret Turk and Unilever France (French Court of Cassation, Social Chamber, appeal no. C 23-13.503)

  1. 18 January 2023France

    18 January 2023France

    Judgment of the Versailles Court of Appeal, Nineteenth Chamber dated 18 January 2023

    Versailles Court of Appeal, Nineteenth Chamber

    Decision summary
    The Versailles Court of Appeal treated M. [J] as a worker seconded by Unilever Sanayi Ve Ticaret Turk to Unilever France, held that Unilever Turkey was not his co-employer, accepted the territorial jurisdiction objection raised by Unilever Turkey and the subject-matter jurisdiction objection raised by Unilever France, and dismissed his claims.

    Supporting details

    3 participants
    M. [C] [J]
    Unilever Sanayi Ve Ticaret Turk AS
    Unilever France
    Versailles Court of Appeal, Nineteenth Chamber

    2 years and 18 days later · 749 days

  2. 5 February 2025France

    5 February 2025France

    Judgment No. 126 F-D of the French Court of Cassation, Social Chamber in appeal no. C 23-13.503 dated 5 February 2025

    French Court of Cassation, Social Chamber

    Case no.
    C 23-13.503
    Citation
    Judgment No. 126 F-D
    Decision summary
    The French Court of Cassation quashed the Versailles Court of Appeal judgment in all its provisions. It held that the Court of Appeal had violated the jurisdiction rule allowing an employer not domiciled in an EU Member State to be sued at the last place where the worker habitually worked, and had not established the absence of a relationship of subordination with Unilever France. The case and parties were remitted to a differently composed Versailles Court of Appeal; Unilever Sanayi Ve Ticaret Turk and Unilever France were jointly ordered to pay costs and EUR 3,000 to M. [J] under Article 700 of the French Code of Civil Procedure.

    Supporting details

    6 authorities · 13 participants
    M. [C] [J]
    Representative
    SCP Rocheteau, Uzan-Sarano et Goulet (For: M. [C] [J])
    Unilever Sanayi Ve Ticaret Turk AS
    Representative
    SCP Célice, Texidor, Périer (For: Unilever Sanayi Ve Ticaret Turk AS · Unilever France)
    Unilever France
    Representative
    SCP Célice, Texidor, Périer (For: Unilever Sanayi Ve Ticaret Turk AS · Unilever France)
    Representative
    M. [Z] (For: Unilever France)
    French Court of Cassation, Social Chamber
    Judge
    Huglo
    Judge
    Sommé
    Other
    Institutional administrator
    Pontonnier
    Witness
    Mme [B]
    Witness
    M. [F]

    Authorities cited

    6
    • Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters
      regulation
    • French Labour Code
      statute
    • French Code of Civil Procedure
      statute
    • French Civil Code
      statute
    • Société générale (Soc., 13 November 1996, appeal no. 94-13.187, Bull. V, no. 386)
      case
    • French Court of Cassation, 27 September 2023 (Soc., 27 September 2023, appeal no. 20-22.465)
      case

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M. [C] [J] v Unilever Sanayi Ve Ticaret Turk and Unilever France (French Court of Cassation, Social Chamber, appeal no. C 23-13.503) · Matter