Case - France - Former employees v COMILOG and others

Former employees v COMILOG and others

Summary of facts

In 1991, a COMILOG train transporting manganese from Gabon collided with a passenger train in Congo Brazzaville resulting in the deaths of more than 100 people. Following this accident, COMILOG stopped transporting raw materials by train, filed for bankruptcy and laid off 955 workers without notice or compensation. In 2003, COMILOG concluded an agreement with the governments of Congo and Gabon to pay €1 million as compensation, but workers claim they never received the money. By 2008, the French group Eramet became a majority owner of COMILOG (63.71%), and 857 former COMILOG workers brought individual complaints before a French employment tribunal.

Timeline

2017 Court of Cassation

Jurisdiction

Applicable Law

French Law

Legal issues

Both parties appealed the Court of Appeal’s decision

Ruling / Outcome

2017: Overruled the Court of Appeal’s judgement through a restrictive interpretation of the conditions for denial of justice.
Refused jurisdiction of French courts over the case as excessive delays in judicial proceedings do not constitute a denial of access to courts
The impossibility for employees to access a competent judge was not established as the case was still formally pending before the Congolese courts
Acquisition of the foreign employer by a French company is not a sufficient link between the dispute and France

2015 Paris Court of Appeal

Jurisdiction

Yes

Applicable Law

Gabonese Law

Legal issues

Plaintiffs appealed the French Employment Tribunal’s ruling on lack of jurisdiction
They argue the French courts must accept jurisdiction due to denial of justice

Ruling / Outcome

2015: Court rules France is the appropriate jurisdiction to hear the case for those claimants who filed a lawsuit in 1992 before the employment court of Pointe Noire in the Congo, based on denial of justice (denial of access to courts for over 20 years, and sufficient link between the dispute and France- French nationality of COMILOG’s parent company, Eramet, at the time of the filing of the case)
COMILOG must compensate the workers €25,000 to €30,000 each for terminating their employment contracts in 1992

2011 Paris Employment Tribunal

Jurisdiction

Applicable Law

French Law

Legal issues

The case concerns parent company liability for the actions of its subsidiary.
Plaintiffs allege their dismissal was unfair and requested €65 million as compensation.

Ruling / Outcome