In a decision dated 20 March 2019, the French Supreme Court confirmed the starting point of the time limit for the parties to file an appeal before the Supreme Court in employment matters.
In accordance with article 675 of the French Civil Procedure Code, judgments are in principle delivered by a bailiff, unless the law provides otherwise. Unless otherwise provided, the time limit for filing an appeal therefore starts ticking only from the delivery of the decision by the bailiff.
In employment matters, until 26 May 2016, the notification of decisions (whether by the Labour Court or the Court of Appeal) was made by the Court Registry, by registered letter with acknowledgement of receipt, in accordance with Article R. 1454-16 of the French Labour Code.
However, a decree of 20 May 2016 (No. 2016-660) amended this article.
As the Labour Code no longer contains any specific provision for the notification of the decisions of the Court of Appeal in employment matters, they are now covered by Article 675 of the French Civil Procedure Code and must be delivered to the parties by a bailiff in order to start the appeal clock, the simple notification of the decision by the Court registry being insufficient to start the clock.
French Supreme Court., 20 March 2019, n°18-12582