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Amazon France will take its case over worker health and safety related to COVID-19 to France's highest court.

The company announced late Thursday that it would ask the Court of Cassation to rule on an appeals court order that Amazon should deliver only essential items until it had completed an assessment of the risks linked to the novel coronavirus in consultation with workers' unions, or face heavy fines.

"The reasons for this choice will be directly presented by the company to the courts and to the parties concerned," Amazon France said in a statement.

Judith Krivine, who represents the lawsuit's original plaintiff, the  French union group Solidaires, told Law.com International that she thought Amazon's intention to escalate to the Court of Cassation was political, not legal.

"The Court of Cassation rules on questions of law, and whether it was properly applied," Krivine, a partner at the French employment law boutique Dellien & Associés, said Friday. "It does not rule on questions of fact. And the Court of Appeal ruling is based on French labor law."

Amazon also said it wanted to keep its six distribution centers in France closed and its 10,000 warehouse employees at home on full salary until May 13 while it continued consultation and safety checks.

The company was to present its proposal Friday to a committee of its works council, a joint body representing management and workers.

The Versailles Court of Appeal ruled on April 24 that Amazon needed to conduct a "real assessment" of the risks linked to the new coronavirus, confirming a decision 10 days earlier by a lower court in Nanterre, outside Paris.

The appeals court also clarified and expanded the list of products that Amazon can continue to deliver pending the safety assessment and set a penalty of 100,000 euros per infraction.  The lower court had imposed a fine of 1 million euros per day.

Amazon closed its distribution centers and sent workers home on April 16 after the lower court ruling, citing the size of the fine.

"The penalty, as specified by the court of appeal, obliges us to consider continuing the suspension of activity of our French distribution centers until Wednesday, May 13 inclusive," Amazon France said in a statement late Thursday.

"At the same time, we are continuing to work with our social partners and to assess the best way to operate our distribution centers in the light of the court's decision," the statement said.

The French government last week rejected the company's request for partial unemployment, a COVID-19 crisis measure for distressed employers that covers 80% of salary. The Labor Ministry said that Amazon France did not qualify for the aid because the company chose to send employees home in reaction to the court-ordered fines, not because of a downturn in business.

U.S.-based Amazon is by far the largest e-commerce site in France, accounting for 22% of all online purchases made in France last year, according to Kantar, a market research company.

Solidaires' original lawsuit asserted that increased demand for nonessential consumer items, such as toys and craft kits, during the coronavirus lockdown had led to unsafe conditions at Amazon warehouses, including crowding and lax enforcement of hygiene guidelines.

Amazon has argued that it took precautions to protect worker safety and communicated them to employees.

The appeals court rebuked Amazon for forging ahead with measures without consulting with workers or outside experts.

By not adopting a "multidisciplinary approach and close consultation with employees, the most important players in their health and safety," Amazon was not showing "its desire to carry out a quality risk assessment to meet the challenges of a pandemic," according to the ruling.

"French labor law is clear on the obligation to consult," Krivine of Dellien & Associés said.

"I have not seen Amazon's argument, but by saying it is going to the higher court, it looks like Amazon wants to continue the war instead of really negotiating with workers," she said.

Lawyers representing Amazon France could not be reached immediately for comment.

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