The starting point of the 15-Day period for challenging the validity of professional is the date of the proclamation of results

Cass. Soc., May 6th 2025, n°24-11.292

In a recent decision, a trade union section representative requested, by email dated 5 February 2023, the organization of professional elections within the company.

The employer replied the following day, indicating that such elections had already been held in April 2022.

On 20 September 2023, the trade union brought an action before the Judicial Tribunal, seeking in particular the annulment of the elections which “may have taken place within the company in April 2022” as well as the holding of new professional elections.

The Judicial Tribunal dismissed the claim as inadmissible on procedural grounds, ruling that the union’s action was time-barred persuant to the 15-day limitation period for contesting CSE elections. In support of its decision, the Tribunal noted that:

• The company had submitted the minutes of the elections, as well as statements from two employees who claimed to have attended the proclamation of results;
• The union had been informed, by email dated 6 February 2023, of the elections held in April 2022 and had received the list of elected representatives by letter dated 22 February 2023.

However, the High Court overturned this ruling. Relying on Article R. 67 of the Electoral Code and Article R. 2314-24 of the Labour Code—which stipulate that “as soon as the minutes are drawn up, the results shall be publicly proclaimed by the chair of the polling station and posted in full in the polling station” and that any challenge to the validity of an election must be brought “within fifteen days of the election or appointment”—the Court held that the 15-day period begins to run from the date of the proclamation of the results, not from the date on which a party becomes aware of those results.

Since the company had failed to establish the date on which the results were officially proclaimed, the Court concluded that the 15-day challenge period had not started. Accordingly, the action brought by the trade union could not be deemed time-barred.