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France / Court of Cassation / 11-83319

Ms Martine X. v Court of Appeal of Poitiers

Policy area:
Deciding Body type:
National Court/Tribunal
Deciding Body:
Court of Cassation
Decision date:

Key facts of the case:

The President of the company TCMG, active in the field of transportation between France and the United Kingdom, asked Ms X to have her drivers register as time of availability and not of rest the one hour and 45 minutes, on average, that they spent on board the ferry between Dover and Calais (on the tachographs installed in their vehicles). The services of the labour inspectorate observed, verbally, that the situation was not resolved and that Ms X imposed the opposite practice on her drivers. Ms X was summoned before the Correctional Tribunal for having, between 7 March 2006 and 31 May 2007, first, irregularly used the system set up to control working conditions in the road transport sector, and second, dissimulating work of 9 employees by mentioning in their pay slips a number of working hours inferior to that accomplished. The confirmation judgment of the Court of Appeal of Poitiers of 17 February 2011 declared Ms X guilty and sentenced her to the payment of a fine and publication of the decision for a period of one month, on the doors of the room reserved for drivers of the company.