On 27 June 2013, the French Supreme Court ("Cour de Cassation") ruled that, since case law had confirmed that compensation is recoverable for mere anxiety that an illness will develop in the future ("anxiety damage"), questions relating to such damage cannot be referred to the French Constitutional Court ("Conseil Constitutionnel"). It added that in any case, such damage does not breach principles of French civil procedure and equality before Law, and as such is compliant with the French Constitution.

The question had been brought before the French Supreme Court by a French company on the ground that anxiety damage should be held non-compliant with the French Constitution because it was granted without the claimants having to prove (i) a breach by the employer of the applicable laws and (ii) the reality of their suffering.