(TA Paris, 30 December 2014, N° 1421402/3-2)
Direccte could not approve the Barclays Bank PSE since the number of redundancies planned increased during the consultative process and the CCE [Central Work Council] was only made aware of said increase at the last consultation meeting.
In the case in question, the number of planned redundancies increased from 84 at the first CCE meeting to 117 at the last consultative meeting. The CCE refused to issue an opinion. The PSE was however approved by the Direccte.
The Paris TA [Administrative Tribunal] firstly reiterated that the number of planned redundancies is amongst the pieces of information which, pursuant to Article L.1233-31 of the Code du travail, must be communicated to the CCE with the notification of the first consultative meeting.
The TA then specified that “the irregularities committed in the process of informing and consulting with the employees' representative bodies only result in annulment of the approval of the PSE where they have the effect of depriving staff representatives of the possibility of debating and issuing opinions, in full knowledge, on the project submitted to them”. In the case at hand, "by increasing from 84 to 117 the number of planned redundancies at the end of the information and consultation process, Barclays deprived the members of the CCE of the possibility of issuing an opinion in full knowledge”.
In other words, it is not the increase in itself in the number of redundancies which is censured, but the fact that this increase was only announced at the last consultative meeting.