Carlos Ghosn’s “hat retirement” will have to be decided by a commercial court

According to the Court of Cassation’s decision, the Commercial Court will be responsible for investigating Carlos Ghosn’s “cap retirement” at Renault. After his arrest in Japan in November 2018, and his incredible flight to Lebanon, Carlos Ghosn went to court to claim his rights to the “top pension”, this “super-supplementary” pension financed exclusively by the company, totaling 774,774 euros. per year.

The businessman believes his arrest forced him to “end his mandate” to allow Renault to work. But Reno sees his departure as a resignation, and not a retirement, which will void his rights to that pension. In response to Carlos Ghosn’s complaint, Renault defended before the Paris Judicial Court that the matter belonged to a commercial court. Rejected at first instance, Renault appealed and won its case before the Paris Court of Appeal in December 2021.

No judgment on eligibility

Carlos Ghosn then appealed to the Court of Cassation for the right to return to the Court of Justice. In a decision handed down on December 20, 2023, the Court of Cassation decided that the Commercial Court of Nanterre, a suburb of Paris, would be the one to decide the dispute. “There was no decision on the merits from a judge,” said Frank Martin Leprede, Carlos Ghosn’s lawyer. Master Franck Martin Leprede continued, “The Court of Cassation only rules on technical procedural aspects related to competent jurisdiction in the matter of supplementary retirement.

“We hope that the court will make a decision quickly, agreeing with Mr. Ghosn, because there is no doubt that he has finished his career at Renault,” the lawyer said. Contacted, Renault did not want to comment on the Court of Cassation’s decision. Carlos Ghosn was arrested in late 2018 in Japan to stand trial for alleged financial embezzlement while he was head of the Renault-Nissan group.

Three arrest warrants

Carlos Ghosné, 69, proclaims his innocence and denounces a “conspiracy” designed from Beirut by Nissan, with the backing of the Japanese government, to bring him down and thus avoid a closer alliance with Renault. The Franco-Lebanese-Brazilian businessman is the subject of three arrest warrants: the first in Japan for embezzlement; Another in Nanterre for misappropriation of corporate assets and organized gang money laundering in connection with Omani distributor Suhail Bahawan Automobiles (SBA).

A third warrant was issued in Paris in July 2023 for corruption and misuse of corporate assets: investigating judges suspect that he paid 900,000 euros through a subsidiary of Renault to hide the lawyer and politician Rachida Dati, who recently became the Minister of Culture. Lobbying activity in the European Parliament while she was a Member of Parliament there.

20 minutes with AFP