French Labour Law

CSE Elections in France: Breach of Male/Female Alternation on a Union List Does Not Void All Improperly Ranked Candidates

DAIRIA Law · 2026-09-01 · 12 min

CSE Elections in France: Limited Scope of Annulment for Failure to Respect Male/Female Alternation on a Union List

A ruling of 10 June 2025 (Cass. soc., 10 June 2025, No. 23-21.234) provides a decisive clarification for employers and trade unions on the consequences of a defect affecting the composition of an electoral list for the works council (the comité social et économique or “CSE”). The French Supreme Court (Cour de cassation) held that a failure to respect male/female alternation on a union list does not produce a cascading annulment of all candidates ranked after the first improperly placed candidate, but only the annulment of that first irregularly designated candidate. This case law therefore rejects an extensive interpretation that would have led to a wholesale annulment of the vote for a formal parity defect.

Article L. 2314-30 of the French Labour Code requires that lists of candidates submitted by trade unions be composed alternately of women and men, until the candidates of one sex are exhausted. This obligation aims to ensure balanced representation within the CSE, the central body for social dialogue since the 2017 Macron ordinances.

The pre-electoral agreement protocol (protocole d’accord préélectoral or “PAP”) constitutes the contractual framework for this obligation. It defines the number of seats to be filled, the allocation of electoral colleges (collèges électoraux, the voting categories) and the arrangements for applying the representation rules. Where a trade union submits a list that does not comply with the alternation principle, the question arises as to the extent of the defect vitiating the designations.

The Attempt at Wholesale Annulment Based on a Formal Defect

In the case examined by the Cour de cassation, a trade union had brought proceedings before the judicial court (tribunal judiciaire) seeking annulment of the vote. It criticised a competing list for having placed a male candidate in third position when a female candidate already appeared in first position, in breach of the strict alternation principle set out in the PAP.

The litigation strategy consisted of seeking the annulment of all candidates ranked from the third position onwards (the improperly placed candidate and all those appearing after him on the list), on the ground that the initial defect contaminated the entire subsequent sequence. This extensive approach could have led to the annulment of several elected representatives and significantly altered the final composition of the CSE.

The Rejection by the Cour de cassation: Limited Scope of the Composition Defect

The Social Chamber of the Cour de cassation rejected this extensive interpretation. It held that the defect affecting the composition of the list results only in the annulment of the first improperly placed candidate, without extending its effects to the following candidates.

Ratio Decidendi: The Defect Does Not Contaminate the List as a Whole

The Court applied a two-step reasoning:

First step: identification of the formal defect. The failure to respect male/female alternation constitutes an irregularity in light of the PAP and Article L. 2314-30 of the French Labour Code. The list at issue had indeed breached the alternation principle by placing a male candidate after a female candidate, without respecting the required sequencing.

Second step: limitation of the effects of the annulment. The Court confined the effect of the defect to the improperly placed candidate alone (in this instance, the third on the list). The following candidates are not affected by the nullity, since their placement is not directly contrary to the PAP. In other words, the irregularity does not trigger a cascading nullity.

The French Labour Code does not expressly provide that a defect affecting one candidate entails the annulment of all subsequent candidates. Article L. 2314-26 of the French Labour Code provides that the judicial court rules on all disputes relating to voting eligibility, the regularity of electoral operations and the designation of union representatives to the committee. Article L. 2324-22-1 of the French Labour Code specifies that the judicial court alone has jurisdiction to hear disputes relating to elections.

In the absence of any provision requiring extended annulment, the Cour de cassation adopts a strict interpretation: only the designation of the candidate directly contrary to the PAP is void. This position falls within a line of case law favouring the stability of employee representative bodies and limiting electoral annulments to substantial irregularities alone.

Practical Implications for Employers and HR Departments

Securing the Electoral Process and the Role of the PAP

The ruling of 10 June 2025 clarifies for HR directors and employers the concrete scope of formal defects affecting union lists. Three operational lessons emerge:

1. Rigorous verification of PAP compliance when lists are filed

The employer must verify, ahead of the vote, that each list scrupulously respects the male/female alternation provided for by the PAP. This verification constitutes a procedural obligation, non-compliance with which may give rise to subsequent litigation. Management should document this verification (sign-off on each list, an initialled verification note, email exchanges with the trade unions).

An employer who identifies an irregularity before the vote must inform the trade union concerned, granting it a reasonable time to correct the list. This period, generally set at 48 hours in practice, should appear in the PAP or be the subject of a method agreement (accord de méthode) annexed to the PAP.

2. Limiting the risk of wholesale annulment

The solution adopted by the Cour de cassation reduces the risk of mass annulment of a union list’s elected representatives. Only the improperly placed candidate is set aside, which preserves the overall representativeness of the trade union and the stability of the CSE.

For the employer, this case law means that a formal defect affecting a competing list does not systematically justify the annulment of several seats. Litigation should therefore be calibrated accordingly, and the effects of an isolated composition defect should not be overestimated.

3. Evidentiary documentation in the event of litigation

In the event of a challenge following the vote, the employer must be able to produce:

  • The PAP signed by all representative trade unions, containing the male/female alternation clause;
  • The lists submitted by each trade union, dated and initialled;
  • The tally minutes (procès-verbal de dépouillement) of the first round and, where applicable, the second round, stating the number of votes obtained by each candidate;
  • The written exchanges (emails, registered letters) relating to the verification of the lists’ compliance.

This documentation makes it possible to trace the compliance chain and to prove that the employer complied with its procedural obligations, without interfering in the choice of candidates by the trade unions.

Scope of the Case Law and Open Questions

Limited Annulment: A Principle Applicable to All Electoral Colleges?

The ruling of 10 June 2025 does not expressly specify whether the principle of limiting the annulment to the irregular candidate alone applies uniformly to all electoral colleges (blue-collar/white-collar workers, executives, supervisors). However, Article L. 2314-30 of the French Labour Code requires alternation for all lists, regardless of the college. The ratio decidendi of the ruling therefore appears transposable to all colleges.

What of Annulment Where a Substantial Defect Affects the Vote Itself?

The Cour de cassation confined its solution to a defect in the composition of a list. It did not rule on situations where the vote itself is vitiated by substantial irregularities (irregular postal voting, absence of a guarantee of secret voting, pressure exerted on voters).

In such cases, settled case law requires the annulment of the vote as a whole where the irregularity was capable of altering the result (Cass. soc., 17 June 2015, No. 14-17.551). The ruling of 10 June 2025 does not call this solution into question.

Interaction with Correction During the Term of Office

Article L. 2314-37 of the French Labour Code governs the replacement of CSE members whose term ends before its normal expiry. Where the first improperly placed candidate is annulled, the next candidate on the list (who was not elected) could theoretically be declared elected as a replacement.

However, this mechanism assumes that the next candidate obtained a sufficient number of votes to be elected. If the annulment of the irregular candidate does not alter the number of seats obtained by the list, the seat becomes vacant and the rule of replacement by the next candidate on the same list applies (subject to compliance with male/female alternation).

Operational Recommendations for Managing CSE Elections

Comprehensive Formalisation of the Pre-Electoral Agreement Protocol

The PAP must set out unambiguously:

  • The number of seats to be filled per electoral college;
  • The allocation of full member and alternate seats;
  • The practical arrangements for filing lists (deadline, form, supporting documents);
  • The male/female alternation principle, specifying the applicable sanction in the event of non-compliance (annulment of the improperly placed candidate or annulment of the entire list);
  • The employer’s verification arrangements and the time allowed to trade unions to make corrections.

This formalisation avoids subsequent interpretative disputes and makes it possible to prove that the employer complied with its duty of good faith in the electoral process.

Durable Evidentiary Archiving

All documents relating to the electoral process (PAP, submitted lists, minutes, correspondence) must be archived throughout the term of office of the CSE (four years pursuant to Article L. 2314-33 of the French Labour Code), extended by the limitation period for annulment actions (five years from the proclamation of results according to settled case law).

In practice, archiving should be maintained for nine years from the proclamation of results. This archiving may be electronic, provided the integrity and durability of the files are guaranteed (timestamping, electronic signature, secure hosting).

Managing Litigation: A Tailored Procedural Strategy

Where a trade union challenges the regularity of a competing list for lack of alternation, the employer should:

  • Precisely analyse the alleged defect (which candidate, which placement, which standard breached);
  • Assess the actual impact on the composition of the CSE (number of seats potentially annulled, change in the majority within the CSE);
  • Assemble a complete evidentiary file (PAP, submitted lists, minutes, correspondence);
  • Where the defect is established, refrain from defending the indefensible: acknowledge the irregularity of the improperly placed candidate and seek to limit the annulment to that candidate alone, relying on the ruling of 10 June 2025;
  • Where the defect is contestable, argue on the absence of impact on the vote result and on substantial compliance with the alternation principle.

DAIRIA supports employers in structuring such litigation, providing rigorous procedural analysis and appearing before the judicial court to secure the compliance of electoral processes.

Interaction with Other Parity and Representation Rules

Obligation of Balanced Representation Within the Constituted CSE

Beyond the composition of the lists, Article L. 2314-30 of the French Labour Code also requires balanced representation within the constituted CSE. Elections must tend towards a male/female distribution proportionate to the distribution of each sex in the electoral colleges.

This obligation does not rest on the employer but on the trade unions when drawing up their lists. Nevertheless, the employer must take it into account in the formal verification of submitted lists and in drafting the PAP.

Distinction from Balanced Representation on the Management Committee

Article L. 1142-8 of the French Labour Code requires, for companies with more than 1,000 employees, balanced representation of women and men within governing bodies. This obligation is distinct from that applicable to the CSE and does not fall within the same normative scope.

HR directors must therefore take care not to confuse these two regimes and to apply the rules specific to each body.

Towards Harmonised Practices: The Role of Social Dialogue

The ruling of 10 June 2025 invites social partners to clarify, in future PAPs, the precise consequences of a failure to respect male/female alternation. Three avenues for improvement emerge:

1. Pre-vote correction clause

The PAP may provide that, where a list composition irregularity is detected, the trade union has 48 hours to make corrections (removal of the irregular candidate, addition of a candidate of the required sex, reordering of the list). This clause should specify that, failing correction, only the irregular candidate will be excluded from the vote.

2. Graduated-consequences clause according to the seriousness of the defect

The PAP may distinguish between:

  • An isolated formal defect (one improperly placed candidate) → annulment of the irregular candidate alone;
  • A systematic substantial defect (an entire list not respecting alternation) → annulment of the list as a whole.

This gradation makes it possible to proportion the sanction to the seriousness of the breach and to preserve union representativeness where the defect is minor.

3. Mediation prior to litigation

The PAP may institute a mandatory mediation phase before any referral to the judicial court, entrusted to an external mediator (labour inspector, mediator designated by the representative trade unions). This mediation allows minor disputes to be settled amicably and relieves the burden of electoral litigation.

  • French Labour Code, Article L. 2314-26 (disputes relating to voting eligibility and the regularity of electoral operations)
  • French Labour Code, Article L. 2314-30 (alternating composition of candidate lists)
  • French Labour Code, Article L. 2314-33 (duration of the CSE term of office)
  • French Labour Code, Article L. 2314-37 (replacement of CSE members)
  • French Labour Code, Article L. 2324-22-1 (exclusive jurisdiction of the judicial court for electoral disputes)
  • French Labour Code, Article L. 1142-8 (balanced representation within governing bodies)
  • Cass. soc., 10 June 2025, No. 23-21.234 (limitation of the annulment to the improperly placed candidate alone in the event of a failure to respect male/female alternation)
  • Cass. soc., 17 June 2015, No. 14-17.551 (annulment of the vote in the event of a substantial irregularity altering the result)
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