An employee dismissed by her employer goes to court so that her entire seniority is taken into account in calculating her allowances. The employee's employment contract had been transferred during the performance of her duties. An amendment to that contract provided for his seniority to be taken over by his new employer.

The Court of Appeal found that the employee was correct on the ground that her resumption of seniority was stipulated in the amendment to her contract of employment. The question referred by the employer to the Court of Justice of the European Union (CJEU) was therefore not relevant in the present case. It related to the length of service to be taken into account. The employer is appealing to the Court of Cassation.

The Court of Cassation upholds the appeal judgment. In its view, there is no need to refer a question to the CJEU for a preliminary ruling because the outcome of the dispute arises from the terms of the employment contract.

Thus, it is not possible to negotiate the calculation of the seniority of an employee without interruption.