The district court is qualified to determine the ballot procedures on which no agreement has been reached

In a decision of 19 December 2018, the French Supreme Court gave a new illustration of the jurisdiction of the district court in matters related to professional election.

In this case, a pre-electoral agreement concluded on 24 January 2017 had set the dates for elections on 24 February and 23 March. Following a problem with the postal voting materials, the elections had to be postponed.

A negotiation of an addendum to the preelectoral agreement was initiated to set a new electoral calendar. Following the failure of such negotiation, a trade union filed a claim before the district court for the cancelation of the whole protocol and for an injunction to invite the trade unions to a new negotiation.

The court such this request, holding that the initial preelectoral agreement was valid and ordered the company to reorganize the vote on the basis thereof within 30 days.

The trade union then challenged this decision before the French Supreme Court, arguing that a protocol is only valid for the elections for which it was concluded.

But the French Supreme Court confirmed the judgment and reasserted the fact that the district court, which has jurisdiction over professional elections as judge of the election, has the power to take all necessary measures for the proper confection of the electoral operations.

French Supreme Court, 19 December 2018, No. 17-27.442