Background
Lidl’s Hauts-de-France regional establishment had three electoral colleges for workplace representation: employees, supervisory personnel, and management-level personnel. Its establishment social and economic committee (CSEE) selected members of the health, safety, and working conditions commission (CSSCT). After earlier internal votes were annulled and repeated, the resulting CSSCT had no representative from the third, management-level electoral college.
An October 2024 amendment to Lidl’s collective agreement increased the CSSCT’s membership from four to five. When the CSEE filled the additional seat, Ms. [Q] was selected over Mr. [B], the sole management-college candidate. The SNCDD CFE-CGC union challenged the resolution. The Saint-Omer Judicial Court annulled Ms. [Q]’s election, ordered a new selection for the fifth seat, and assessed costs against Lidl. Lidl appealed to the Court of Cassation.
The Court’s Holding
The Court held that when a third electoral college has been established under Article L. 2314-11 of the Labor Code, the CSSCT must include at least one CSE member representing that college. This is a mandatory rule of public policy. It applies not only when the commission is first constituted, but also when a member is replaced or an additional seat is created during the same electoral cycle.
Although CSSCT members are ordinarily chosen by a majority of the CSE members present, neither that voting procedure nor a collective agreement may override the statutory composition requirement. Because selecting Ms. [Q] left the commission composed exclusively of representatives from the first and second colleges, the lower court properly annulled her selection and required a new vote for the fifth seat.
The Court nevertheless partially quashed the judgment, without remand, solely insofar as it ordered Lidl to pay procedural costs. Under Article R. 2314-25 of the Labor Code, judicial proceedings concerning workplace elections are conducted without costs. The Court rejected Lidl’s separate request under Article 700 of the Code of Civil Procedure and ordered Lidl to pay the union €3,000 under that provision.
Key Takeaways
- A CSSCT must include at least one representative of the third electoral college whenever that college exists under Article L. 2314-11 of the Labor Code.
- The composition requirement applies throughout the electoral cycle, including when replacing a member or adding a new seat.
- A majority vote or collective agreement cannot validate a CSSCT composition that violates this mandatory statutory rule.
- Courts may not assess procedural costs in workplace-election litigation governed by Article R. 2314-25.
Why It Matters
The decision confirms that statutory representation requirements constrain the CSE’s voting discretion. Employers and employee-representation bodies must review the commission’s composition whenever a CSSCT seat is filled, even if the vacancy or additional position arises after the commission was initially established.
The ruling also distinguishes impermissible procedural costs from an award under Article 700 of the Code of Civil Procedure: Lidl obtained partial cassation of the costs provision but was still ordered to pay the union €3,000.