Article L625-5 of the French Commercial code
November 7, 2023
Disputes submitted to the industrial tribunal pursuant to articles L. 625-1 and L. 625-4 are brought directly before the adjudication board.
Disputes submitted to the industrial tribunal pursuant to articles L. 625-1 and L. 625-4 are brought directly before the adjudication board.
Statements of claims arising from an employment contract, approved by the official receiver, as well as decisions rendered by the industrial tribunal, are entered on the statement of claims filed at the court registry. Any interested party, with the exception of those referred to in articles L. 625-1, L. 625-3 and L. 625-4, may lodge a claim or a third party objection under the conditions laid down by decree in…
Debts arising from an employment contract are guaranteed in the event of the opening of safeguard proceedings: 1° By the lien established by Articles L. 143-10, L. 143-11, L. 742-6 and L. 751-15 of the Labour Code, for the causes and amounts defined in the said articles; 2° By the lien of 3° of article 2331 and of 2° of article 2377 of the Civil Code.
Notwithstanding the existence of any other claim, the claims guaranteed by the lien established in articles L. 143-10, L. 143-11, L. 742-6 and L. 751-15 of the Labour Code must, by order of the official receiver, be paid within ten days of the pronouncement of the judgment opening the proceedings by the debtor or, where he has a mission to assist, by the administrator, if the debtor or the administrator…
Without prejudice to the rules laid down in articles L. 625-7 and L. 625-8, claims arising from contracts of employment or apprenticeship contracts are guaranteed under the conditions laid down in articles L. 3253-2 to L. 3253-4, L. 3253-6 to L. 3253-21 and L. 8252-3 of the Labour Code.
Where there is a serious possibility that the company can be safeguarded, the court will draw up a plan to this end, which will put an end to the observation period. The safeguard plan includes, where appropriate, the cessation, addition or transfer of one or more activities. Transfers made pursuant to this article are subject to the provisions of Section 1 of Chapter II of Title IV and to those…
In the light of the economic, social and, where applicable, environmental assessment, the debtor, with the assistance of the administrator, shall propose a plan, without prejudice to the application of the provisions of Article L. 622-10. The draft plan mentions the commitments to make cash contributions made for the implementation of the plan. The draft plan determines the prospects for recovery based on the possibilities and terms of business, the…
When the debtor carries on an activity, benefiting from an administrative authorisation, approval, conventionnement or habilitation, mentioned in II of Article 1 of Law no. 2014-856 of 31 July 2014 relating to the social and solidarity economy, it shall consult the administrative authority or the control and pricing authority to draw up the draft plan. The administrator, where one has been appointed, shall ensure that these consultations have been carried…
Where the draft plan provides for a change in the capital or the articles of association, the extraordinary general meeting or the shareholders’ meeting and, where their approval is required, the special meetings referred to in articles L. 225-99 and L. 228-35-6 or the general meetings of the masses referred to in article L. 228-103 are convened under conditions defined by decree of the Conseil d’Etat. The court may decide…
Proposals for the settlement of debts may relate to deadlines, remissions and conversions into securities giving or capable of giving access to capital. They are, as and when they are drawn up and under the supervision of the official receiver, communicated by the administrator to the judicial representative, the auditors and the social and economic committee. Where the proposal relates to deadlines and discounts, the judicial representative shall obtain, individually…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
