Paragraph 2: Contentious appeals

The decision of the Director General of Labour referred to in article R. 2122-23 may be contested by the elector or by a representative appointed by the elector. It shall be brought before the judicial court in whose jurisdiction the person lodging it has his domicile or residence. On pain of inadmissibility, it must be lodged within ten days of notification of the decision of the Director General of Labour…

The challenge is made by petition delivered or addressed to the clerk of the court by registered letter with acknowledgement of receipt. It shall contain the information prescribed by articles 54 and 57 of the Code of Civil Procedure. On pain of nullity, the application must be accompanied either by a copy of the decision of the Director General of Employment or, in the event of an implicit rejection decision,…

The Court of First Instance shall rule within ten days of the date of the appeal, without formality and without costs, and on simple notice given five days in advance to the parties concerned.

The court registry will notify the applicant and the interested parties of the court’s decision without delay and within three days at the latest, by registered letter with acknowledgement of receipt. At the same time, the court registry sends it to the service provider referred to in article R. 2122-14.

Voters who are minors may, without the authorisation of their legal representative, be plaintiffs or defendants in a contentious appeal.

The appeal is lodged, investigated and judged under the conditions laid down by the Code of Civil Procedure for professional elections. The parties are exempted from the requirement to appear before the Conseil d’Etat and the Cour de Cassation.

The time limits set by articles R. 2122-26, R. 2122-28, R. 2122-29 and R. 2122-31 are calculated and extended in accordance with the provisions of articles 640 to 642 of the Code of Civil Procedure.