Galion Newsletter – France
A works council had appointed an accounting firm within the framework of its right to demand explanations from management in the case of concerns about the company’s economic situation. The Court dismissed the employer’s application to annul the resolutions of the works council and ordered it, under threat of a periodic penalty, to provide the accounting firm with part of the documents requested by the latter.
The Paris Court of Appeal went further by ordering the employer to provide all the requested documents, recalling in this respect that “the accountant is the sole judge of the usefulness of the documents it requests, provided that the work performed by it does not exceed the purpose of its mission and that the document exists.” In this case, the court considered that “the financial arrangements made at the group level over several years to satisfy the group’s needs, in an environment totally lacking in transparency vis-a-vis employees […] warrant the supplying of the additional requested documents concerning other group companies affected by these operations” (CA Paris 3 April 2014, no. 12/10491).
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