Why can a PSE be refused or annulled? Grounds checked by French courts
A French PSE announced by your employer is not a done deal. Before execution, it must pass an administrative filter (validation or homologation by the DREETS). After execution, it can still be annulled by an administrative court — sometimes years later. Understanding these two mechanisms tells you where the fate of your dismissal is actually decided.
Two figures to set the stage:
- In Q3 2024, 141 PSEs were validated or homologated by DREETS authorities — the vast majority pass the filter first time (acceptance rate above 95%).
- But administrative litigation is far from marginal: between 2023 and 2026, several major plans were retroactively annulled by the courts, including Sanofi R&D (April 2025) and Auchan Retail (September 2025, confirmed on appeal in Douai in January 2026).
Two exit doors: refusal of homologation and annulment
The French Labour Code provides two moments at which a PSE can be blocked:
| Stage | Decision-maker | Time-limit | Remedy |
|---|---|---|---|
| Refusal to validate (majority collective agreement) or refusal to homologate (unilateral document) | DREETS | 15 days (accord) / 21 days (unilateral) — silence = acceptance | Administrative court within 2 months |
| Annulment after homologation | Administrative court → CAA → Conseil d'État | Filing within 2 months; TA judgment target 3 months | Cassation before the Conseil d'État |
Legal basis: articles L1233-57-2 to L1233-57-4 of the French Labour Code.
1. DREETS refusal of homologation
DREETS scrutiny is broader for a unilateral document (employer alone) than for a majority collective agreement (signed with ≥50% of representative unions). On a unilateral document, the administration verifies in particular the proportionality of measures to the group's means — this is the n°1 litigation battlefield.
Classic grounds for refusal: insufficient measures vs group resources; psychosocial risks not addressed (clear Conseil d'État case-law since 2023); poorly-defined professional categories; insufficient reclassement plan; irregular CSE consultation.
Real case — Arkema France (June 2025): on 27 June 2025, the DREETS Auvergne-Rhône-Alpes refused to homologate the unilateral document of 14 May 2025. Insufficient plan vs group means.
Real case — Ford Blanquefort (January 2019): first PSE rejected by DIRECCTE Aquitaine for resources disproportionate to Ford's financial strength. Revised version with €190,000 average per employee validated in March 2019. See the Ford Blanquefort entry.
2. Annulment by the administrative court (after the fact)
Once homologated, unions and the CSE have 2 months to file with the administrative court. This is the route most major recent annulments have taken.
Ground 1: discriminatory selection criteria
Sanofi Aventis R&D (1 April 2025): the Melun administrative court annulled the PSE homologation for 325 cuts at Vitry-sur-Seine, Montpellier and Gentilly. Two illegal criteria: 2 points for unevaluated employees vs up to 30 points for evaluated ones (unjustified penalty); 50 points only for single parents or carers of disabled dependents (discriminatory for other family situations).
Ground 2: incorrect signature perimeter / incomplete CSE information
Auchan Retail France (23 September 2025): the Lille administrative court invalidated the 2,389-position PSE — the collective agreement should have been signed by each of the five group entities, not centrally; and CSE information should have included the three holding companies of Suraumarché. Auchan appealed; the Douai administrative court of appeal confirmed the annulment on 7 January 2026.
Ground 3: insufficient reclassement plan
Conseil d'État, 22 July 2021, n° 434362 — a plan limiting offers to permanent contracts and fixed-term ≥3 months is insufficient; all available group positions including shorter fixed-terms must be identified.
Ground 4: psychosocial risks ignored
Since 2023, unanimous Conseil d'État case-law: the DREETS cannot homologate a PSE that does not include psychosocial-risk prevention measures when such risks are established.
Ground 5: insufficient means, group perimeter wrongly defined
CE, 27 June 2025, n° 463870, Kuehne+Nagel SAS: the "group" for PSE proportionality includes foreign entities under common control — the DREETS errs in limiting itself to French entities.
3. "Disguised" plans: when PDV or RCC circumvent PSE obligations
Some employers prefer a Voluntary Departure Plan (PDV) or a Collective Conventional Termination (RCC) to a PSE — lighter procedures, no selection criteria, less media exposure. But the courts watch these choices:
- Cass. soc., 19 January 2022, n° 20-11.962 — several individual mutual terminations signed shortly before an economic dismissal must be counted toward the PSE threshold if they share a common economic cause. Without a PSE, dismissals are null.
- CE, 21 March 2023, n° 460660 — the DREETS cannot validate an RCC concluded in the context of a business shutdown that will inevitably lead to non-volunteer dismissals.
4. Foundational Conseil d'État decisions
All modern PSE case-law flows from two series of decisions:
Trilogy of 22 July 2015 (Plenary Assembly): Heinz (n° 385816), Pages Jaunes (n° 385668), Calaire Chimie (n° 383481) — set out the structured grid of administrative control and the distinction between unilateral document and majority agreement.
Decisions of 7 December 2015: Darty (n° 383856) introduces the "influence test" — only irregularities capable of having influenced employee-representative or administrative assessment lead to annulment (no annulment for cosmetic defects). Mory-Ducros (n° 386582) confirms annulment for insufficient PSE on group-perimeter grounds.
5. What happens to employees after an annulment?
Articles L1235-10 and L1235-11 of the Labour Code:
- Annulment for absence or insufficiency of the PSE: dismissals are null. The employee can request reinstatement; if impossible, minimum indemnity of 6 months' salary.
- Annulment on other grounds (procedure, motivation): nuanced — see the Conseil d'État's PSE thematic page.
- If the site has closed: reinstatement is impossible; only the indemnity applies.
Late-stage alternative — Goodyear Amiens (May 2020, 6 years after closure): the Amiens Labour Court ruled 800 dismissals "without real and serious cause" — retroactive compensation. Demonstrates the value of individual judicial recourse after collective execution. See the Goodyear entry.
6. What to do if you face a current PSE
- Mobilise the CSE from the first R1 meeting — it can appoint an employer-funded chartered accountant. See our CSE guide.
- Verify the quality of information transmitted: group perimeter (including abroad), selection criteria, reclassement plan, RPS measures. Any gap is a potential annulment ground.
- Consult a labour-law attorney as soon as the PSE is announced, not after individual notification. Time-limits are short (2 months to file with the TA).
- Track recent sectoral decisions — a precedent in your sector (chemicals, retail, pharma) is a strong argument.
- Document everything: CSE convocations, minutes, DREETS correspondence, final PSE version. In litigation, this is your case file.
This article is not personalised legal advice. For your situation, consult a labour-law attorney or your union representative. OpenRecourse references 39 PSEs / PDVs / RCCs for the 2013-2026 period — explore the full corpus for comparable cases.