JUDGMENT OF THE COURT OF GRANDE INSTANCE DE MARSEILLE
|The First Chamber of the Tribunal de Grande Instance of Marseille ruled on April 15, 2004 on the requests of 37 unemployed people who had brought proceedings against Unedic and Assedic Alpes-Provence.
On the request for a stay of proceedings
The lawyers of Unedic and Assedic had asked the Court to rule until the decision of the Council of State seized in April 2003 by associations of the unemployed against the ministerial approval of February 5, 2003 of the rider to the Unédic convention reducing the duration of compensation.
The Tribunal considered that
On the qualification of PARE
The Tribunal de Grande Instance of Marseille analyzed the PARE membership forms and the stipulations which refer for Assédic to ” our commitments ” and for the beneficiary to ” your commitments “.
The Court considered that the PARE “fits” in the logic of individualization of the relationship between the Assédic and the unemployed. In addition to the reminder of legal and regulatory obligations, it includes a double reciprocal commitment “, noting the synallagmatic aspect characteristic of a contract by its bilateral aspect ( article 1102 of the Civil Code
The Tribunal therefore decides that
The contractual nature thus conferred by the parties to the relationship entails the application of the binding force of contracts ( article 1134 Civil Code)
The condemnation of the Assedic
Assedic is doomed