Section 3: Legal proceedings.

Organisations or groupings with the capacity to take legal action, whose members are bound by a convention or agreement, may bring all legal actions resulting therefrom on behalf of their members, without having to prove a mandate from the interested party, provided that the latter has been notified and has not declared his opposition. The person concerned may always intervene in proceedings brought by the organisation or grouping.

Where an action arising out of the agreement or arrangement is brought either by a person or by an organisation or grouping, any organisation or grouping with legal standing, whose members are bound by the agreement or arrangement, may always intervene in the proceedings brought, by reason of the collective interest which the resolution of the dispute may represent for its members.

Organisations or groupings which have the capacity to bring legal proceedings and which are bound by an agreement or arrangement may bring in their own name any action seeking performance of the commitments entered into and, where appropriate, damages against the other organisations or groupings, their own members or any person bound by the agreement or arrangement.

Persons bound by an agreement or arrangement may bring any action to obtain performance of the commitments entered into and, where appropriate, damages against other persons or organisations or groups bound by the agreement or arrangement who breach those commitments in respect of them.

It is up to the party challenging the legality of a collective agreement to show that it does not comply with the legal conditions governing it.

Any action for nullity of all or part of a collective agreement or arrangement must, on pain of inadmissibility, be brought within two months of : 1° of the notification of the company agreement provided for in article L. 2231-5, for organisations with a trade union section in the company ; 2° From the publication of the agreement provided for in article L. 2231-5-1 in all other cases. This period…

Where the court is seised of an action for nullity referred to in Article L. 2262-14, it shall render its decision within six months.

If the court annuls all or part of a collective agreement or convention, it may decide, if it appears to it that the retroactive effect of this annulment is likely to have manifestly excessive consequences by reason both of the effects that this act has produced and the situations that may have arisen when it was in force and of the general interest that may be attached to the temporary…