After obtaining the opinion of the public prosecutor’s office and hearing or duly summoning the debtor, the liquidator, the administrator where one has been appointed, the person or persons appointed by the social and economic committee and the auditors, the court selects the offer that best enables the employment attached to the business to be sold to be secured in the long term, the creditors to be paid and which offers the best guarantees of performance. It adopts one or more disposal plans.
The debates must take place in the presence of the public prosecutor when the proceedings are opened in favour of a debtor whose number of employees or turnover excluding tax exceeds a threshold set by decree in the Conseil d’Etat.
The judgment adopting the plan makes its provisions applicable to all.
The pre-emption rights instituted by the Rural and Maritime Fishing Code or the Town Planning Code may not be exercised over a property included in this plan.
When the plan provides for redundancies for economic reasons, it may only be stopped by the court after the procedure provided for in I of article L. 1233-58 of the Labour Code has been implemented. The opinion of the social and economic committee is delivered no later than the working day before the court hearing that rules on the plan. Failure to submit the report of the expert mentioned in articles L. 1233-34, L. 1233-35, L. 2325-35 ou L. 4614-12-1 of the Labour Code may not have the effect of postponing this deadline. In particular, the plan specifies the redundancies that must take place within one month of the judgment upon simple notification by the liquidator or the administrator where one has been appointed, subject to the rights of notice provided for by law, collective labour agreements or conventions. Where a plan to safeguard employment must be drawn up, the liquidator or administrator implements the procedure provided for in II of article L. 1233-58 of the same code within one month of the judgment. The four-day period referred to in II of the same article runs from the date of receipt of the request, which is subsequent to the judgment adopting the plan.
When the redundancy concerns an employee benefiting from special protection with regard to redundancy, this period of one month after the judgment is the period within which the intention to terminate the employment contract must be manifested.