Cour de Cassation, Chambre sociale, du 9 février 1978, 76-13.431, Publié au bulletin
Presiding Judge | PDT M. Laroque |
Case Outcome | Cassation |
Counsel | Demandeur AV. M. Ledieu |
Docket Number | 76-13431 |
Date | 09 février 1978 |
Court | Chambre Sociale (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre sociale N. 103 P. 76 |
ATTENDU QUE POUR DEBOUTER LA CAISSE INTERPROFESSIONNELLE DE PREVOYANCE DES CADRES DE SA DEMANDE DIRIGEE CONTRE SON ADHERENT LA SOCIETE D'EXPLOITATION ET DE GERANCE HOTELIERE DU SUD-OUEST EN PAIEMENT D'UN SUPPLEMENT DE COTISATIONS RECLAME AU TITRE DE L'EMPLOI EN QUALITE DE CADRE ENTRE 1964 ET 1968 DE DENIAU POUR LEQUEL N'AVAIT ETE VERSEE QU'UNE COTISATION AU TAUX DE 8 % AU LIEU DE CELUI CONVENU DE 16 %, LA COUR D'APPEL SE BORNE A ENONCER QUE LA CAISSE NE PRODUIT AUCUNE ADHESION EN FORME AU NOM DE CE SALARIE DONT IL EST ETABLI TANT PAR SES DECLARATIONS QUE PAR CELLES DE SON EMPLOYEUR QU'IL AVAIT PERSONNELLEMENT OPTE POUR LE TAUX DE 8 % ET QU'UN DOUTE SUBSISTE QUANT AUX OBLIGATIONS CONTRACTEES AU PROFIT DE CE SALARIE ENTRE LA SOCIETE ET LA CAISSE ;
ATTENDU, CEPENDANT QUE LA COUR D'APPEL RELEVE QUE LA SOCIETE AVAIT SIGNE LE 8 AOUT 1954 UN BULLETIN D'ADHESION PREVOYANT AU PROFIT DE L'ENSEMBLE DES CADRES DE...
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