France: Companies Have 10 Days to Challenge the Works Council’s Decision to have Recourse to an External Expert

On 5 February 2025, the French Supreme Court ruled that companies seeking to challenge their Works Council’s decision to nominate an external expert must do so within 10 days, such time period starting to run from the day after the Works Council’s decision.

Works Councils are entitled to nominate external experts to advise them. The cost of such expert is in most cases required to be paid by the company. Companies may, therefore, want to challenge the need for such expert and/or the choice of expert and/or the scope and the cost of the expert’s mission.

French law provides that the company must initiate proceedings before the Employment Tribunal within 10 days. The recent French Supreme Court ruling clarifies the fact that such time period starts from the day after the Works Council’s decision. It further clarifies that if such time period expires on a Saturday, Sunday or public holiday, it expires the day after such date.

Key Action Points for Human Resources and In-House Counsel

Ensure you know when and how your Works Council can request an expert and consider negotiating a company agreement setting out rules on when and how such experts can be nominated, as well as dispute resolution mechanisms.