CASE COMMENTS: PUBLIC ACTIONS - SOCIAL SECURITY - COMPLEMENTARY PENSION - SOLIDARITY

Notion of undertaking: The French Supreme Administrative Court refuses to qualify a supplementary pension scheme as an undertaking (AGIRC-ARRCO)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. While the Court of Cassation has closed the ten-year dispute concerning the increases in retirement pensions for raised children, paid by the supplementary pension scheme for executives (Agirc) (Cass. soc. 9 Oct. 2019, No. 18-19.085, FR:CCASS:2019:SO01376; see J. Barthélémy, J.-J. Gatineau, "L'autonomie des partenaires sociaux en matière de retraite complémentaire légalement obligatoire", Revue de droit du travail, 2020 p. 456), the Conseil d'État rejected the appeal for excess of power brought against an order of 23 September 2019 relating to the AGIRC-ARRCO scheme. Pursuant to Articles L. 911-3 and L. 911-4 C. séc. soc., the order at issue had extended and

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  • University Paris II Panthéon‑Assas

Quotation

Francesco Martucci, Notion of undertaking: The French Supreme Administrative Court refuses to qualify a supplementary pension scheme as an undertaking (AGIRC-ARRCO) , 30 December 2020, Concurrences N° 2-2021, Art. N° 100597, pp. 205-207

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