If, in its opposition, the employer claims that the reimbursement of unemployment benefits was ordered in a case where such a measure is excluded by law, the court shall refer the case back to the court that ruled on the matter for possible revocation of the judgment on this point.
Under no circumstances may the retraction call into question the res judicata between the employer and the dismissed employee, nor the court’s assessment of the absence of real and serious grounds for the dismissal.
The clerk of the judicial court shall immediately forward the case file to that court.
The clerk of the court that has given its decision summons Pôle emploi and the employer, as appropriate, to appear before the judgement board of the industrial tribunal or before the social division of the court of appeal, at least fifteen days in advance, by registered letter with acknowledgement of receipt.
The court that has given judgment will rule on the entire dispute arising from the objection and will be empowered to settle the amount owed by the employer to Pôle emploi.
The decision handed down on the request for withdrawal is mentioned on the minutes and on the copies of the judgment.
Anyone who makes a dilatory or abusive request for retraction may be liable to a civil fine of between €15 and €1,500.