French courts examine EU law compliance with foreign law in a labor dispute involving the UK Equality Act 2010, following a CJEU ruling on directive applicability post-Brexit.
French court examines EU law and foreign law interaction
The French Court of Cassation is reviewing how EU law applies to a labor case involving British law, after a hearing in October 2026. The case centers on a French bank employee whose contract was governed by British law, and who claimed discrimination based on sex and demotion.Employee challenges court's use of British law
The employee argued that French trial judges applied the UK’s Equality Act 2010 without considering the 2006/54/CE EU directive on equal treatment between men and women. She claims this directive should have influenced the interpretation of the British law used in the case.EU court clarifies post-Brexit law applicability
In a May 2026 ruling, the Court of Justice of the European Union (CJEU) stated that the UK’s withdrawal from the EU does not invalidate the application of the 2006/54/CE directive to disputes involving facts before December 31, 2020. The CJEU emphasized the directive’s relevance to cases of sex-based discrimination.Private international law and EU law conflict
French courts may apply foreign law in employment cases if the contract specifies it or if conflict of laws rules require it. However, the CJEU has stated that national courts must interpret foreign laws in line with EU directives, especially when those laws implement EU rules.EU law compliance and judicial sovereignty
The CJEU clarified that French courts must ensure that the interpretation of foreign law aligns with EU directives, without overriding the principle of national judicial sovereignty. This creates a balance between respecting the freedom of interpretation by French judges and adhering to EU law requirements.French court to decide on EU law compliance
The Court of Cassation will now determine how to apply the CJEU’s guidance to the current case. The hearing on October 9, 2026, will focus on how French law should ensure compliance with EU directives in the interpretation of foreign law, setting a precedent for future cases involving similar legal conflicts.
