The Paris Administrative Court of Appeal gave the FFF, Friday, May 6, returning to the cancellation, at first instance, of its social plan of 2021.
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The French Football Federation (FFF) obtained a legal victory. In a judgment, the Paris Administrative Court of Appeal gave him the case, Friday, May 6, as part of his appeal filed against the cancellation of his social plan decided by the Paris administrative court in December 2021.
This so -called job safeguard plan (PSE), launched in May 2021 by the Director General of the FFF, Florence Hardouin, provided for the abolition of 18 positions (against 26 at the start) due, allegedly, of the consequences economic of the COVID-19 epidemic.
Nine employees concerned by this measure, which had been the subject of a majority agreement signed in July 2021 in order to achieve 2 million euros in savings, had filed, in September, appeal to court administrative of Paris.
The Administrative Court of Appeal did not follow the public rapporteur who had concluded that the FFF appeal against the cancellation of the plan.
To justify the cancellation of the PES, the administrative court had noted, in December, that the director general of the FFF did not have the “competence” to “sign the majority agreement”, “being devoid of quality for Represent the employer “insofar as the PSE was not voted” by the Federal Assembly for the forecast budget 2021-2022 “, nor validated by the Executive Committee.
procedure before prud ‘Men
The jurisdiction recalled that “the delegation granted to the director general to contractual commitments does not exceed the sum of 300,000 euros”. “Consequently, the applicants are justified in maintaining that the decision of July 16, 2021 of the regional director of the economy, employment, work and solidarity of Ile-de-France is tainted with illegality and cannot that being canceled, “concluded the court.
While ten employees concerned by the PSE initiated a procedure before the industrial tribunal, the content of the judgment of the administrative court of appeal constitutes a success for the management of the FFF. For their part, the lawyers of the ex-employees should file an appeal before the Council of State.
In its judgment, the Paris Administrative Court of Appeal in particular “estimated that the executive committee of the F.F.F., in its meeting of January 27, 2022, has ratified (…) the signature of the general manager of the F.F.F., which must thus be looked at retroactively as having had quality to sign, on July 13, 2021, the collective agreement relating to the content “of a PSE.
According to the jurisdiction, “it follows from the above that the FFF is justified in maintaining that it is wrongly that, by the judgment attacked of December 10, 2021, the Paris administrative court canceled” the validation of the PES .
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