Chapter I: Implementation

The request for inclusion in a group, referred to in the first paragraph of article L. 2331-2, is sent by the head of the company concerned to the head of the dominant company. This request is sent by registered letter with acknowledgement of receipt. Notification of the decision by the head of the dominant undertaking is sent in the same form.

The social and economic committee or the representative trade union organisations of the dominant undertaking or of an undertaking in the group may refer to the judicial court at the registered office of the dominant undertaking disputes relating to: 1° the constitution and composition of the group works council; 2° inclusion in the group works council.

Representative trade union organisations may refer disputes relating to the appointment of employee representatives to the group works council to the judicial court at the registered office of the dominant undertaking. The court rules under the conditions provided for in Articles R. 2324-24 and R. 2324-25.

Referral to the judicial court pursuant to II of article L. 2331-1 must be made within three months of the notification provided for in article R. 2331-1, failing which the case will be inadmissible. In the absence of notification, the referral is completed on expiry of the three-month period provided for in the first paragraph of article L. 2331-2. Where the court has recourse to an investigation carried out by…