Employers: Anticipate the consultation with the works council before deploying AI-integrated software, even during the pilot phase!

On February 14, 2025, the Judicial Court of Nanterre issued an interim order regarding the obligation to inform and consult the Social and Economic Committee (CSE) i.e., the works council, prior to the pilot deployment of computer applications incorporating artificial intelligence (AI) solutions.

This ruling has the merit of providing clarification on the timing of the CSE’s consultation regarding AI, a topic still poorly understood socially despite its inevitable rise in the workplace.

Legal Framework

In companies with at least 50 employees, the employer must inform and consult the CSE on matters affecting the organization, management, and overall operation of the company, including the “introduction of new technologies, and any significant changes affecting working conditions” (Article L. 2312-8 of the French Labor Code). This consultation may also lead to the appointment of an expert authorized under Article L. 2315-94 of the Labor Code.

Although decisions are still scarce, we have always advised our clients to inform and consult the CSE prior to any practical implementation of AI solutions (software/applications) within the company. The goal is to maintain good social relations and avoid the risk of having the implementation of these solutions suspended under penalty, or even facing obstruction charges and damages, given the textual vagueness and the lack of substantial case law on the subject.

🔍 The February 14, 2025 Interim Order

This stance is confirmed and supported by the interim order issued by the Judicial Court of Nanterre on February 14, 2025. Thus, the « pilot phase » of deploying a series of AI applications exceeds mere experimentation and, therefore, the simple project phase once it involves their partial use by the entire concerned workforce.

💡 What does this mean for employers?

This ruling is not particularly surprising, as the information and consultation procedure must occur before any project is implemented to comply with the principle of ensuring the practical effect of CSE consultation. However, it raises questions about the necessity of consultation during a very limited testing phase, as the Judicial Court of Nanterre seems to require it only from the moment of the first concrete trials.

🔧 Key Takeaways for Employers

Employers are therefore urged to exercise the utmost caution, even during the testing phases of their AI applications. They must bear in mind that practical implementation could be delayed by one or even two months in the case of an expert review, due to the time required for informing and consulting the CSE.

Judicial Court of Nanterre, Interim Order, 2025, No. 24/01457