The decision of the European Committee of Social Rights (ECSR) on the merits in Confédération générale du travail (CGT) v. France, Complaint No. 155/2017 became public on 14 February 2023.
In its complaint, CGT asked the ECSR to find that France is in breach of its obligations under Article 6§4 (the right to bargain collectively – collective action) of the Charter concerning the right to strike because the “indivisible thirtieth” rule is applicable to strikes lasting less than one day in the state civil service and the national public services (staff of the state and state bodies of an administrative nature).
The European Committee of Social Rights (ECSR) adopted its decision on the merits on 14 September 2022.
In its decision on the merits, the ECSR concluded:
– unanimously, that there is a violation of Article 6§4 of the Charter;
– by 7 votes to 6, that there is a violation of Article E in conjunction with Article 6§4 of the Charter.
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