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

Procedural record

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.

   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.

   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

   Ollivier

   Judge

   Sommé

   Other

   Institutional administrator

   Pontonnier

   Institutional administrator

   Public Prosecutor General at the Court of Cassation

   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