The court clerk will summon the employer and Pôle Emploi by any means that provides a date certain for receipt of this summons at least fifteen days before the date of the hearing.
The parties are authorised to formulate their claims and arguments in writing without appearing at the hearing. The judgement rendered under these conditions is contradictory. The court may order the parties to appear before it. In this case, if none of the parties appear, the court declares the proceedings terminated. This will render the constraint issued by Pôle emploi null and void.
The court will rule on the objection regardless of the amount of benefit claimed. The court’s ruling replaces the constraint issued by Pôle emploi. The court’s decision may be appealed if the amount of the claim exceeds its final jurisdiction. Where it is subject to appeal, the court’s decision, ruling on the opposition, is enforceable de jure on a provisional basis.
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,…
In the event of an appeal in cassation against a decision which has found an employer guilty of dismissal without real and serious cause or of dismissal being null and void pursuant to the provisions of Articles L. 1132-4, L. 1134-4, L. 1144-3, L. 1152-3, L. 1153-4, L. 1235-3 and L. 1235-11, the quashing of the head of the aforementioned decision entails the quashing of the head of the decision…
If none of the parties appear, the court declares the proceedings terminated. This renders the order for payment null and void.
The court will rule on the objection regardless of the amount of benefits claimed. The court’s judgment replaces the order for payment. If the amount of the claim exceeds the amount for which the court has final jurisdiction, the court will rule on the appeal.
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 ruled on the matter for possible revocation of the judgment on this point. Under no circumstances may the retraction call into question the res judicata between the employer and the dismissed employee, nor…
If no opposition is lodged within one month of notification of the order for payment, regardless of the method of notification, or if the employer who lodged the opposition withdraws his opposition, the institution may request that the order be declared enforceable.The order has all the effects of a contradictory judgement. It may not be appealed.
The request for the enforcement order shall be made to the court registry either by application or by letter.
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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
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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
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