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THE UPP'S REPRESENTATIVENESS CONFIRMED BY THE ADMINISTRATIVE COURT OF APPEAL: THE CAAP ONCE AGAIN REJECTED.
06 November 2023
UPP action in progress
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A recent ruling by the Paris Administrative Court of Appeal rejects the claims of six professional organizations, led by CAAP, to overturn the appointment of UPP (Union des Photographes Professionnels) representatives to the ex-Agessa Photography Commission.
These six organizations, claiming to represent photographers, had challenged the appointment of UPP representatives to the ex-Agessa Photography Commission, arguing that they had been deprived of the opportunity to sit on it.
In its ruling of October 20, 2023, the Administrative Court of Appeal stated that " these circumstances are not such as to establish that they are so representative in the specific photography sector that they should have benefited from the seats allocated to the UPP by the contested decree. In addition, while the plaintiff unions maintain that the fact that CAAP, SMDA-CFDI, SNAA-FO and SNAP-CGT do not exclusively represent photographic artists-authors cannot justify their absence of designation, and that this specialization is not provided for by the applicable texts and infringes article L. 2131-2 of the French Labor Code, they do not provide any evidence to concretely establish their activity and representativeness in the photography sector, even though it does not appear from the documents in the file that their multidisciplinary field of activity has led to their not being allocated a seat on the professional commission for photography. "
The UPP welcomes the latest setback suffered by a group of artists/authors seeking to undermine our social security system by any means possible. These six professional organizations, led by CAAP, had challenged the appointment of UPP representatives to the former Agessa's Photography Commission. Their claims were rejected by the Paris Administrative Court on September 14, 2021. In its decision, the Administrative Court found that these self-proclaimed representative professional organizations "do not support their argument with any prima facie evidence of their representativeness in the photographic profession, nor do they establish that the UPP does not represent them".
We can only regret such a stance on the part of professional organizations that are supposed to defend our interests. Let's not forget that this is not the first time they have taken legal action against decisions concerning the UPP's presence on bodies governing the artists' authors' scheme, without ever winning the case. They had already taken legal action - and lost - to challenge the elections for renewal of the RAAP Board of Directors, and against the allocation of seats on the Management Board of the AFDAS continuing training fund. These gesticulations obviously do nothing to help our authors.
The UPP hopes that these professional organizations will remain committed to working together in the interests of photographers.
The UPP, proud of its 70-year history, has constantly defended the interests of photographers and copyright, and will continue to do so. The mobilization of photographers within the UPP is living testimony to this.
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