The provisions of Chapters III, IV and V of Title II of this Book shall apply to the receivership proceedings, subject to the following provisions.
For the application of the fourth paragraph of Article L. 623-3, the consultation concerns the measures that the administrator plans to propose and the debtor is also consulted.
The recourse provided for in the first paragraph of Article L. 624-3 is also open to the administrator, where the latter’s task is to ensure the administration of the business.
For the application of Article L. 625-1, the judicial representative summoned before the industrial tribunal or, failing that, the claimant summons the institutions mentioned in article L. 3253-14 of the Labour Code before the industrial tribunal.The administrator is the only person to be called into question when he is responsible for the administration of the company.
For the application of Article L. 625-3, the institutions mentioned in article L. 3253-14 of the French Labour Code are challenged by the mandataire judiciaire or, failing this, by the employee plaintiffs, within ten days of the judgment opening the receivership proceedings or the judgment converting a sauvegarde proceeding into a receivership proceeding. Proceedings pending before the industrial tribunal on the date of the opening judgment shall be continued in the presence of the judicial representative and the administrator or the latter duly summoned.
For the application of Article L. 625-4, in addition to the court-appointed agent, the administrator alone is implicated when his mission is to ensure the administration of the business.
The administrator alone is bound by the obligations provided for in Article L. 625-8 when he has the task of ensuring the administration of the company.