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 gave the judgment for the purpose of possibly revoking the judgment on this point.
Under no circumstances may the retraction call into question the res judicata between the employer and the dismissed employee, or the court’s assessment that the dismissal was not for real and serious reasons or was null and void.
The clerk of the judicial court shall immediately transmit 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 any means that allows its receipt to be dated.
The court that has given judgment will rule on the entire dispute arising from the objection and is empowered to settle the sum 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.