Manet v. Interpol

The case concerned an employee of the International Criminal Police Organization (Interpol) working as a guard-receptionist at its Saint-Cloud premises. He was dismissed for gross misconduct on 6 June 1986. The employee argued that, as a member of Interpol’s staff committee, he qualified as a protected employee under French labour law and that his dismissal was unlawful because the organisation had not followed the statutory procedures applicable to personnel representatives. He brought summary proceedings before a French Labour Court seeking reinstatement on the basis of a manifestly unlawful disturbance.

The Versailles Court of Appeal rejected the claim, finding that the employee did not carry out the functions of a personnel delegate within the meaning of Article L. 425-1 of the Labour Code and that the alleged violation was therefore not manifestly unlawful.

Before the Supreme Court (Cour de cassation), the applicant argued that French rules on staff representation should have applied, as neither the Headquarters Agreement nor Interpol’s internal regulations created a relevant derogation. The Cour de cassation upheld the Versailles Court of Appeal’s reasoning. It confirmed that the employee did not hold the status of personnel delegate as defined by French law and that, as a result, the prerequisites for emergency relief were not met. The Court found no manifestly unlawful disturbance and dismissed the appeal.