In application of Article L. 692-10, in the context of proceedings similar to receivership or judicial liquidation with continuance of business, the application for authorisation of redundancies is filed by the insolvency practitioner of the main insolvency proceedings at the registry of the competent court.
Attached to this application are the following documents:
1° The copy of the decision to open the main insolvency proceedings;
2° Information making it possible to specify the nature of the main insolvency proceedings opened, in particular whether they are preventive within the meaning of the fifth subparagraph of Article 1(1) of Regulation (EU) No 2015/848 of 20 May 2015 on insolvency proceedings, whether they allow for a restructuring of the business or whether they are liquidatory ;
3° A list of the employees employed on the date of the application to open the proceedings, the name and address of each of them, the socio-professional category to which they belong, the place where they carry out their activity and the position held;
4° The name and address of the employee representatives entitled to be heard by the court if they have already been appointed.
The judgment handed down in application of article L. 692-10 indicates the number of employees whose dismissal is authorised as well as the activities and professional categories concerned.
It is notified to the employee representatives, as well as to the insolvency practitioner of the main insolvency proceedings. It is forwarded to the public prosecutor.
The judgment is provisionally enforceable. It may be appealed within ten days of its notification. The last paragraph of Article R. 661-3, articles R. 661-4 to R. 661-6 shall apply.