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Order No. 2006-673 Of 8 June 2006 Amending The Code Of Judicial Organization And Amending The Rural Code, Commercial Code, The Code Of Criminal Procedure (Legislative Part)

Original Language Title: Ordonnance n° 2006-673 du 8 juin 2006 portant refonte du code de l'organisation judiciaire et modifiant le code de commerce, le code rural et le code de procédure pénale (partie Législative)

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  • Order No. 2006-979 dated August 1, 2006 Creating a children's court in Soissons
  • Decree No. 2008-522 of 2 June 2008 reforming the regulatory part of the code of the judicial organization The provisions Of the Code of the Judiciary are the subject of a special publication annexed to the Official Journal of the day.
  • Summary

    Application of Article 38 of the Constitution, Act No. 2004-1343 of 9 December 2004 Simplification of the law, in particular Article 86.Are repealed: - The law of 1 April 1837 relating to the authority of judgments given by the Court of Cassation after two appeals; - Article 23 of the Act of 1 June 1924 introducing the laws French trade in the departments of the Haut-Rhin, the Bas-Rhin and the Moselle; - Articles 2 and 4 of the Law of 19 March 1934 on the application of the Mannheim International Convention of 17 October 1868 and The purpose of which is to reduce the number of French courts for the navigation of the Rhine; - Articles 2 to 7 (first sentence) of Order No. 82-877 of 15 October 1982 establishing customary assessors in the territory of New Caledonia And Dependencies to the Civil Court of First Instance and the Court of Appeal. Moreover, are and remain repealed: - Article 2 of Title II and Article 5 of Title VIII of the Law of 16 and 24 August 1790 on the judicial organisation; - Articles 63 and 64 The Law of the 27 ventôse an VIII on the organisation of the courts. Of the entry into force of the decree on the regulatory part of the code of the judicial organisation: - Articles 1 and 3 of the Act of 19 March 1934 relating to the application of the Mannheim International Convention of 17 October 1868 The object of reducing the number of French courts for the navigation of the Rhine; - The first paragraph of Article 2 of Act No. 66-379 of 15 June 1966 determining, pursuant to the Franco-German-Luxembourg Convention of 27 October 1966, the Jurisdiction for the navigation of the Moselle; - Article 7 (second sentence of the First paragraph and second paragraph) and 7-1 of Order No. 82-877 of 15 October 1982 establishing customary assessors in the territory of New Caledonia and Dependencies to the Civil Court of First Instance and the Court of Appeal. Articles 2 and 7 and III of Article 8, this order shall apply, as it relates thereto, to Mayotte, New Caledonia, French Polynesia, French Southern and Antarctic Lands and Wallis and Futuna. Order ratified by article 138 of Law No. 2009-526 of 12 May 2009.

    Keywords

    JUSTICE, SECTION 38, RURAL CODE, RATE PARITY TRIBUNAL RURAUX, CODE OF PROCEDURE PENALE, CODE OF COMMERCE, REDESIGN, CODE OF THE JUDICIARY, RATIFICATION

    Legislative Folders





    JORF #132 of June 9, 2006 page 8710
    text #13




    Order No. 2006-673 of 8 June 2006 amending the Code of the Judiciary and amending the Code of Commerce, the Rural Code and the Code of Criminal Procedure (Legislative part)

    NOR: JUSX0600063R ELI: https://www.legifrance.gouv.fr/eli/ordonnance/2006/6/8/JUSX0600063R/jo/texte
    Alias: https://www.legifrance.gouv.fr/eli/ordonnance/2006/6/8/2006-673/jo/texte


    The President of the Republic,
    On the Prime Minister's Report Custody of seals, Minister of Justice,
    Seen Constitution, in particular Article 38;
    In view of the code of commerce;
    Given the code of the judicial organization;
    Given the code of criminal procedure;
    Given the rural code;
    In view of Act No. 2004-1343 of 9 December 2004 on the simplification of the law, In particular Article 86;
    In view of the opinions of the Codification Commission of 22 February and 29 March 2006;
    The Council of State heard;
    The Council of Ministers heard,
    Ordonne:

    Item 1 More about this Article ...


    Subject to the provisions of Articles 3, 4 and 5, the books Ier to IX of the Legislative part of the Code of the Judiciary shall be replaced by The books Ier to V annexed to this order (Annex I).

    Article 2 More about this Article ...


    Book VII of the Commercial Code Part is replaced by the provisions Attached to this Order (Schedule II).

    Item 3 Learn more about this Article ...


    Notwithstanding the provisions of Article 1, the repeal of the following provisions of the books IX of the Legislative Part of the Code of the Judiciary in its writing in force until the date of publication of this Order will take effect only from the date of the coming into force of the Order in the Redesign of the Part Regulatory for the same code:
    1 ° In book Ier: Article L. 121-1, the second sentence of Article L. 121-2, the second paragraph of Article L. 121-4, Article L. 131-1, the last paragraph of Article L. 131-3, Articles L. 131-6 and L. 131-6-1, the second paragraph of Article L. 131-7, the second paragraph Sentence of the second subparagraph of Article L. 151-1 and the second, third and fourth paragraphs of Article L. 151-2;
    2 ° In Book II: Article L. 212-1, the fourth paragraph of Article L. 221-1, Article L. 221-2, Article L. 221-3, Article L. 223-1, the second and third paragraphs of Article L. 223-2, Article L. 225-3 and the second subparagraph of Article L. 226-1;
    3 ° In Book III: Articles L. 311-5 and L. 311-8, the first and third paragraphs of Article L. 311-10, Articles L. 311-10-1 and L. 311-11, the second paragraph of Article L. 311-12, the fourth and fifth paragraphs of Article L. 311-12-1, Article L. 311-13, L. 311-16, L. 311-17 and L. 311-18, the second sentence of the fifth paragraph of article L. 312-1, articles L. 312-1-1, L. 312-2, L. 321-2, L. 321-2-1, L. 321-2-2, L. 321-2-3, L. 321-3, L. 323-1, L. 331-2, L. 331-2-1, L. 331-6 and L. 331-8;
    4 ° In Book IV: Articles L. 441-2 and L. 442-1, the eighth and ninth paragraphs of Article L. 442-2, Articles L. 442-5 and L. 443-1, the second paragraph of Articles L. 443-4 and L. 443-5;
    5 ° In book V: Articles L. 522-1 and L. 522-6;
    6 ° In Book VI: Article L. 623-2;
    7 ° In Book VII: the second paragraph of Article L. 710-1 and Articles L. 7-10-1-1, L. 7-12-1-1, L. 7-12-1-2 and L. 7-12-1-3;
    8 ° In Book VIII: Articles L. 811-2 and L. 871-2;
    9 ° In Book IX: L. 922-1, L. 931-2, L. 931-7 and L. 931-7-1, the third paragraph of L. 931-8, sections L. 931-12, L. 931-16, L. 931-18, L. 932-1, L. 932-3, L. 932-4, L. 932-5, L. 932-7, L. 932-8, L. 932-25, L. 932-28, L. 932-44, L. 932-45, L. 932-46, L. 933-3, L. 933-5, L. 933-6, L. 934-1, L. 934-4, L. 934-5, L. 935-1, L. 941-2, L. 942-3, L. 942-7, L. 942-11, L. 942-13, L. 942-14, L. 942-16 and L. 943-4, the third paragraph of article L. 943-5, articles L. 943-6, L. 943-7, L. 946-2 and L. 951-3, the first paragraph of Article L. 951-4, the III of Article L. 952-7, Articles L. 952-9 and III of Article L. 952-11.

    Article 4 More about this Article ...


    I. -Notwithstanding the provisions of Article 1, the repeal of the following provisions of Books IV and IX of the Legislative Part of the Code of the Judiciary in its drafting in force up to the date of publication of this Order will not take effect until the Effective Date of the Order in respect of the Regulatory Part of the Code of Commerce:
    1 ° In Book IV, the second paragraph of Articles L. 411-1 and L. 412-12, the second sentence of the second paragraph of Article L. 413-6, the first paragraph of Article L. 413-8 and Article L. 413-11;
    2 ° In book IX, articles L. 932-25, L. 932-36 and L. 932-42.
    II. -Notwithstanding the provisions of Article 2, the repeal of the second sentence of the second subparagraph of Article L. 713-15 of the Commercial Code in its drafting in force up to the date of publication of this Ordinance shall take effect only to From the date of entry into force of the Order in Regulatory Part of the Code of Commerce.

    Article 5 Learn more about this Article ...


    Notwithstanding the provisions of Article 1, remain in force the following provisions of the Legislative Part of the Code of the Judiciary in its drafting in force up to the date of publication Of this Order:
    1 ° Article L. 912-1 as it concerns the procedures resulting from Law No. 67-563 of 13 July 1967 on judicial settlement, liquidation of property, personal bankruptcy and bankruptcy;
    2 ° The provisions of Section 2, Titled: " The Labour Court ", Chapter II of Title III of Book IX.

    Article 6 Learn more about this Article ...


    In all legislative and regulatory texts, references to provisions Repealed by Article 1 shall be replaced by references to the corresponding provisions of the Code of the Judiciary, the Code of Commerce, the Rural Code and the Code of Criminal Procedure resulting from this order
    References to provisions of the trade code modified by Article 2 shall be replaced by references to the corresponding provisions of the trade code in its wording from the present Order.

    Article 7 Read more about this article ...


    In Book IV of the Rural Code, a Title IX reads as follows:


    "TITLE IX



    " RURAL RURAL RATE TRIBUNAL



    " Chapter I



    "Institution and Skill


    " Art. L. 491-1. -It is established at the seat of each court of instance a joint court of rural leases which has sole jurisdiction to hear disputes between lessors and lessees of rural leases relating to the application of Titles Ier to VI and VIII of the book IV of this Code.


    "Chapter II



    " Court Composition


    " Art. L. 492-1. -The Joint Court shall be presided over by the judge of the instance; it shall also comprise, in equal numbers, non-policyholders and non-donor lessees, divided, where appropriate, between two sections; one of the sections shall consist of lessors and On-farm buyers, the other from lessors and lessees to partiary colonat.
    " Art. L. 492-2. -Lessors and policyholders must, in order to be included in the lists drawn up for the election of the members of the rural lease courts, meet the following conditions:
    " 1 ° Etre de nationality française ou nationals d' un Etat membre de la Communauté européenne ou d' un Etat partie à l' Accord sur l' Espace économique européen;
    " 2 ° 18 years old;
    " 3 ° Play their civil, civic and professional rights;
    " 4 ° Be domiciled or reside within the jurisdiction of the Joint Court or possess, as the owner, immovable property subject to a rural
    . A legal person possessing the quality of a lessor or a lessee of on-farm or a party-based tenancy and having their head office within the jurisdiction of the Joint Court shall be elected by a representative appointed by them. This representative must fulfil the conditions set out in paragraph 1. It shall be eligible if the legal person it represents has for five years the quality of the lessor or the lessee, if he is over twenty-six years of age and has made the declaration of application in the following paragraphs. For farming groups in common, there is no derogation from Article L. 323-13.
    " Eligible voters of French nationality are at least twenty-six years of age who have, for the past five years, at least the quality of the lessor or lessee of on-farm or partiary colonat and have made a declaration of
    . Art. L. 492-3. -The election of the donor assessors and the lessees takes place by secret ballot, the majority of which shall be held in the jurisdiction of each court. The declared elected representatives shall be the lessors and policyholders with the highest number of votes. Then declared elected substitutes shall be the lessors and policyholders in the order of the votes obtained during the election
    The right to vote is exercised by correspondence.
    " Art. L. 492-4. -The assessors of the joint courts shall be elected for six years
    Before taking office, they individually, before the trial judge, take the oath to perform their duties with zeal and integrity and to keep the proceedings
    . If the total number of assessors, holders and substitutes of the same category in one section is reduced to two, the prefect shall organise a complementary by-election within the period of two months
    Art. L. 492-5. -The assessors can be recused:
    " 1 ° If they have a personal interest in the contest;
    " 2 ° If they are parents or allies of one of the direct or collaterals to the fourth degree inclusive;
    " 3 ° If, in the preceding five years, there has been civil or criminal judicial action between them and one of the parties;
    " 4 ° If they have given written notice in the case;
    " 5 ° If they are employers, workers, employees, lessors or lessees of one of the parties involved.
    " Art. L. 492-6. -Where, as a result of the absence of regular or replacement assessors, regularly convened, or their recusal, the Joint Court cannot meet in full, the President shall act alone after taking the opinion of the assessors present
    The same is true when, as a result of death or demissions of assessors, the court cannot provisionally meet in full.
    " Art. L. 492-7. -Where the Joint Court cannot be constituted or may not function for a cause other than those provided for in Article L. 492-6, the presiding judge presiding shall note that fact by order
    As from the date of this order, the duties of the Joint Court and of the President, as well as the proceedings in progress, shall be transferred to the Court of
    . When the Joint Court is again in a position to function, the trial judge shall, by order, fix the date on which the cases must be refiled before that
    . The Tribunal shall, however, remain seized of the matters referred to it pursuant to the second paragraph of this
    . Art. L. 492-8. -In the event of the abolition of a joint court, its powers and those of the President of that court shall be vested in the trial judge, in that case, in accordance with the rules of jurisdiction and procedure applicable to the courts Forwarders.
    " The proceedings in progress before a abolished joint court shall be transferred to the competent court, without the need to renew the acts, formalities and judgments which have been regularly taken before the date of the Delete.
    " Art. L. 492-9. -The conditions of application of this Chapter shall be laid down by decree in the Council of State.


    "Chapter III



    " Remedies


    " Art. L. 493-1. -Decisions as a last resort can be attacked by means of an appeal in cassation for incompetence, excessive power or violation of the law in accordance with Book IV of the Code of the Judiciary
    The Court of Appeal is aware of the appeal against the other decisions of the Joint Court of Rural Leases in accordance with Book III of the Code of the Judicial Organisation. "

    Article 8 Learn more about this Article ...


    The Code of Criminal Procedure shall be amended in accordance with the provisions of this Article:
    1 ° Article 49 shall be supplemented by a paragraph worded as follows:
    " The investigating judge shall perform his duties at the seat of the court of large instance to which he belongs." ;
    2 ° inserted after item 137-1, an article 137-1-1 reads as follows:
    " Art. 137-1-1. -For the organisation of the Weekend Service or the Lite service during the period during which the judges are granted their annual leave, a judge with the rank of president, first vice-president or vice-president Exercising the functions of a judge of freedoms and detention in a court of high instance may be appointed in order to perform those functions concurrently in, at most, two other large courts of the jurisdiction of the Court of Appeal; Shall be decided by order of the first President at the request of The chairpersons of those courts and after the opinion of the chairman of the court of the large instance concerned; it shall specify the ground and duration, and the courts for which it applies; the total duration of concurrent exercise of the functions of a judge Freedoms and detention in several major courts may not exceed 40 days during the judicial
    . The designation provided for in the preceding paragraph may also be ordered, on the same terms and for a total, intermittent or continuous period, which may not exceed forty days, where, for reasons of vacancy or incapacity, none He may, within a court, exercise the functions of a judge of liberty and detention." ;
    3 ° After the fourth paragraph of Article 398, a fifth paragraph shall be inserted as follows: '
    ' Before the beginning of the judicial year, the President of the High Court shall establish by order the list of judges in the vicinity of his jurisdiction who may sit as an assessor in the collegial training of the court Correctional system. This order may be amended during the course of the year to take into account a change in the composition of the court or to provide for a lighter service during the period in which judges, officials and Court assistants are entitled to their annual leave. This training may not include more than one non-professional judge." ;
    4 ° inserted after item 567-1, an article 567-1-1 reads as follows:
    " Art. 567-1-1. -When the solution of a case submitted to the criminal chamber seems to be imposed, the first president or the president of the criminal chamber may decide to have the case brought to trial by a panel of three judges. Such training may refer the matter to the hearing of the Board at the request of one of the parties; the dismissal is right if one of the judges composing the training restricted the application. The training declared inadmissible the appeals inadmissible or unfounded on a serious basis of cassation." ;
    5 ° Article 704 is supplemented by two paragraphs thus written:
    " Within each High Court whose territorial jurisdiction is extended within the jurisdiction of one or more courts of appeal, the first President shall, after the opinion of the President of the High Court, designate one or more judges And, in the case of offences, the judgment of the offences falling within the scope of this
    . Within each Court of Appeal whose territorial jurisdiction lies within the jurisdiction of one or more courts of appeal, the first President and the Attorney General shall appoint, respectively, judges of the headquarters and the general prosecutor's office responsible for the In particular the judgment of the offences and the treatment of cases falling within the scope of this Article. ' ;
    6 ° inserted after item 706-75, an article 706-75-1 reads as follows:
    " Article 706-75-1. -Within each High Court whose territorial jurisdiction is extended to the jurisdiction of one or more courts of appeal, the Prosecutor General and the first President, after the opinion of the Public Prosecutor and the President of the Court of , respectively, appoint one or more magistrates of the public prosecutor's office, investigating judges and judges of the seat specially in charge of the investigation, prosecution, investigation and, in the case of offences, the judgment of the offences falling within The scope of Articles 706-73, other than 11 °, or 706-74.
    " Within each sitting court whose territorial jurisdiction is extended to the jurisdiction of one or more courts of appeal, the first President shall designate judges of the seat, in accordance with the provisions of Articles 244 to 253, specially responsible for the Judgment of crimes falling within the scope of these offences.
    " Within each Court of Appeal whose territorial jurisdiction lies within the jurisdiction of one or more courts of appeal, the first President and the Attorney General shall appoint, respectively, judges of the headquarters and the general prosecutor's office responsible for the In particular the judgment of the offences and the treatment of cases falling within the scope of Articles 706-73, with the exception of 11 °, or 706-74." ;
    7 ° In the first paragraph of Article 804, the words: " The fifth paragraph of Article 398 and " Are inserted after the words: " Except ".

    Item 9 Learn more about this Article ...


    Book IX of the Commercial Code is thus modified:
    1 ° In 5 ° of article L. 910-1, the words: " L. 720-1 to L. 730-17 " Are replaced by the words: " L. 721-1, L. 721-2, L. 722-1 to L. 724-7, L. 741-1 to L. 743-11, L. 750-1 to L. 761-11 " ;
    2 ° In Article L. 920-1, after the words: " And provisions relating to the consular delegates " shall be inserted as follows: ; Articles L. 721-3 to L. 721-6; " ;
    3 ° A l' article L. 930-1, the number: " 6 ° " Is replaced by: " 7 ° ". A seventh paragraph shall be inserted as follows: '
    ' 6 ° Title II of Book VII, with the exception of Articles L. 722-3, L. 722-11 to L. 722-13, Article L. 723-6, paragraph 2 of Article L. 723-7, Article L. 723-10 and Article L. 723-11; ;
    4 ° In Chapter VII of Title III are inserted the following articles:
    " Art. L. 937-1. -The first paragraph of Article L. 721-1 reads as follows:
    " The Joint Commercial Court shall be composed of the President of the Court of First Instance, President, elected judges, subject to the provisions of Article L. 937-13, and a
    . This Tribunal exercises the powers vested in the metropolis in the Commercial Court. "
    " Art. L. 937-2. Article L. 722-1 reads as follows:
    " Art. L. 722-1. -Judgments of joint courts of commerce shall be made, except as provided for in a single judge, by a formation comprising, in addition to the President, three judges elected or appointed under the conditions laid down in Article L. 937-13. In the event of an equal division of votes, the President shall have the casting vote. "
    " Art. L. 937-3. -The first paragraph of Article L. 722-9 reads as follows:
    " The judges of the Joint Commercial Courts are elected for four years. They are eligible for re-election. "
    " Art. L. 937-4. Article L. 723-1 reads as follows:
    " Art. L. 723-1. -I.-The judges of the mixed courts of commerce shall be elected within the jurisdiction of each of those courts by a college composed of:
    1 Number of electors on a personal basis:
    " (a) Vendors registered in New Caledonia in the Register of Trade and Companies, subject to the provisions of the IV of this Article, for the general partners and the associate partners;
    " (b) Business leaders registered in New Caledonia in accordance with the rules applicable to the community and the register of trade and companies;
    " (c) The spouses of the persons listed in a or the above having declared in the register of trade and companies that they cooperate in the activity of their husband without any other professional activity;
    " (d) Captains in the long-class or captains of the merchant navy exercising command of a ship registered in France whose home port is situated in the electoral district, the maritime pilots carrying out their duties in a port situated In the electoral district, civil aviation pilots domiciled in the electoral district and exercising command of an aircraft registered in France;
    " (e) The members of the joint courts of commerce, as well as former members of those courts who have applied for registration on the list of electors;
    " 2 ° Registered as representative:
    " (a) Commercial companies within the meaning of Article L. 210-1 and public establishments of an industrial and commercial character whose registered office is located in the electoral district;
    (b) In respect of an establishment in the electoral district of a secondary registration or a secondary registration, unless exempted by the laws and regulations in force, the natural persons referred to in the And b of the 1 ° and the legal persons referred to in the present 2 °, regardless of the electoral district in which such persons exercise their right to vote;
    " (c) Commercial corporations whose registered office is located outside the national territory and which have in the electoral district of a registered establishment registered in the register of commerce and companies;
    " 3 ° Executives who, employed in the electoral district by the voters referred to in the 1 ° or 2 °, carry out duties involving managerial, technical or administrative responsibilities of the undertaking or establishment.
    " II. -In respect of their registered office and of all their establishments situated in the community, the natural or legal persons mentioned in the 1 ° and 2 ° of the I shall have
    1. One additional representative, when employed in the community of ten to forty-nine employees;
    " 2 ° Two additional representatives, when employed in the community of fifty-one hundred and ninety-nine employees;
    " 3 ° Three additional representatives, when employed in the community of two hundred to four hundred and ninety-nine employees;
    " 4 ° 4 additional representatives, when employed in the community of five hundred to nineteen hundred and ninety-nine employees;
    " 5 ° 5 additional representatives, when they employ two or more employees in the community.
    " III. -However, the natural persons listed in a and b of 1 ° of the I whose spouse benefits from the provisions of the c of 1 ° of the same paragraph do not designate any additional representative if they employ less than fifty employees in the Community.
    " IV. -Partnerships and limited partnerships shall mean by express deliberation in accordance with the statutory provisions a single representative on behalf of the partners and the company, without prejudice to the possibility of designating Additional representatives under the II above. "
    " Art. L. 937-5. Article L. 723-2 reads as follows:
    " Art. L. 723-2. -I.-The representatives referred to in Article L. 723-1 applicable in New Caledonia shall serve in the undertaking as President and Chief Executive Officer, President or Member of the Management Board, Director General, President or member of the Executive Board, the chairman of the supervisory board, manager, chairman or member of the board of directors or director of a public establishment with industrial and commercial character, or, in the absence of Represent, as an agent, functions involving The business, technical or administrative management responsibilities of the company or institution.
    " II. -Personal voters referred to in 1 of the I of the same Article and representatives of natural or legal persons referred to in 2 ° of the I of this Article must be nationals of a Member State of the European
    . They must also take part in the vote:
    " 1 ° Complete the conditions laid down in Article L. 2 of the Election Code, with the exception of nationality;
    2. Not covered by the prohibition referred to in Article L. 6 of the Election Code;
    " 3 ° Not having been struck for less than fifteen years from the day on which the decision of having delivered them became final of personal bankruptcy or of one of the measures prohibiting or forfeiture as provided for in Book VI of this Code Or Act No. 85-98 of 25 January 1985 on the judicial reorganization and liquidation of enterprises or Act No. 67-563 of 13 July 1967 on judicial settlement, liquidation of property, personal bankruptcy and bankruptcies ;
    " 4 ° Failing to be affected by a measure of incapacity to engage in a commercial activity pursuant to Chapter VIII of Title II of the Book I;
    " 5 ° Failing to have been sentenced to penalties, disqualifications or sanctions imposed under legislation in force in the Member States of the European Community equivalent to those referred to in 2 °, 3 ° and 4 °. "
    " Art. L. 937-6. -For the application of Article L. 723-3, the words: " the judge committed to the supervision of the register of commerce and companies. In the case of the establishment of a commercial court, the first chairman of the court of appeal shall appoint a judge of the judicial order as the chairman of the commission shall be replaced by the words: " a judge of the judicial order designated by the first President of the Court of Appeal.
    " Art. L. 937-7. Article L. 723-4 reads as follows: '
    ' Art. L. 723-4. -Subject to the provisions of Article L. 937-9, persons who are at least 30 years of age on the list of electors established pursuant to Article L. 937-6 shall be eligible for the functions of a judge of a joint court of commerce Justifying either registration in New Caledonia for at least five years at the register of trade and companies or, during the same period, the exercise of one of the qualities listed in the I of Article L. 723-2 applicable in New Caledonia. "
    " Art. L. 937-8. Article L. 723-5 reads as follows:
    " Art. L. 723-5. -Is ineligible for the functions of a judge of a joint trade tribunal for any candidate in respect of which a safeguard, reorganization or judicial liquidation procedure is open. The same provision shall apply to any candidate having one of the qualifications referred to in Article L. 723-2 applicable in New Caledonia, where the company or public establishment to which it belongs is the subject of a safeguard procedure, Judicial reorganization or liquidation. "
    " Art. L. 937-9. -The first paragraph of Article L. 723-7 reads as follows:
    " After twelve years of uninterrupted judicial office in the same joint court of commerce, the judges of the mixed courts of commerce are no longer eligible in this court for one year. "
    " Art. L. 937-10. -For the purposes of Article L. 723-8, the words: " member of a labour council shall be replaced by the words: assessor of a labour
    . Art. L. 937-11. -For the application of Article L. 723-9, the words: " by correspondence or by electronic means. Are replaced by the words: " by proxy or by correspondence under conditions laid down by decree in the Council of State. Each voter can have only one power of attorney.
    " Art. L. 937-12. -For the application of the first paragraph of Article L. 723-10, the words: "two rounds shall be replaced by the words:" a tower, and shall be added at the end of the paragraph the following sentence: " If more than one candidate obtains the same number of votes, the most Old is declared elected.
    " Art. L. 937-13. -For the purposes of section 3 of Chapter III of Title II of Book VII, the following provisions shall be added:
    " I.-To the list of candidates declared elected, the committee provided for in Article L. 723-13, annex, an additional list containing the names, quality and domicile of the unelected candidates. These candidates are ranked in descending order of the number of votes they have obtained. Equal voices, they are ranked in descending order of their age.
    " The candidates on the supplementary list drawn up pursuant to the first paragraph of this Article shall be called upon to replace the judges whose seat becomes vacant for any reason. They shall be appointed, following the order of the supplementary list, by the President of the Joint Court of Trade. Before taking office, they shall be sworn in under the conditions laid down for the judges of the mixed courts of
    . II. -If vacancies cannot be filled under the I and if the number of vacancies exceeds one third of the staff of the court, additional elections shall be
    . The same is true if there is an increase in the number of a joint trade tribunal.
    " However, there is no need for additional elections in the twelve months preceding the general election.
    " III. -The term of office of judges appointed or elected under the terms of I and II shall terminate at the same time as that of the other judges of the mixed courts of commerce." ;
    5 ° Article L. 940-1 is amended as follows:
    (a) After 5 °, a seventh paragraph shall be inserted as follows:
    " 6 ° Title II of Book VII, with the exception of Articles L. 722-3, L. 722-11 to L. 722-13, of Article L. 723-6, of the second subparagraph of Article L. 723-7, of the second subparagraph of Article L. 723-10 and Article L. 723-11. ' ;
    (b) In the last paragraph, after the words " The preceding provisions are added the words: " , except those of 6 °, " ;
    6 ° In Chapter VII of Title IV are inserted the following articles:
    " Art. L. 947-1. -The first paragraph of Article L. 721-1 reads as follows:
    " The Joint Commercial Court shall be composed of the President of the Court of First Instance, President, elected judges, subject to the provisions of Article L. 947-13, and a
    . This Tribunal exercises the powers devolved to the Commercial Court.
    " Art. L. 947-2. Article L. 722-1 reads as follows:
    " Art. L. 722-1. -Judgments of joint courts of commerce shall be made, except as provided for in a single judge, by a formation comprising, in addition to the President, three judges elected or appointed under the conditions laid down in Article L. 947-13. In the event of an equal division of votes, the President shall have the casting vote. "
    " Art. L. 947-3. -The first paragraph of Article L. 722-7 reads as follows:
    " The judges of the Joint Commercial Courts are elected for four years. They are eligible for re-election.
    " Art. L. 947-4. Article L. 723-1 reads as follows:
    " Art. L. 723-1. -I.-The judges of the mixed courts of commerce shall be elected within the jurisdiction of each of those courts by a college composed of:
    1 Number of electors on a personal basis:
    " (a) Marketers registered in French Polynesia in the register of trade and companies, subject to the provisions of the IV of this Article for the partners and the associate partners;
    " (b) Business leaders registered in French Polynesia in accordance with the regulations applicable to that community in the register of commerce and companies;
    " (c) The spouses of the persons listed in a or the above having declared in the register of trade and companies that they cooperate in the activity of their husband without any other professional activity;
    " (d) Captains in the long-class or captains of the merchant navy exercising command of a ship registered in France whose home port is situated in the electoral district, the maritime pilots carrying out their duties in a port situated In the electoral district, civil aviation pilots domiciled in the electoral district and exercising command of an aircraft registered in France;
    " (e) The members of the joint courts of commerce, as well as former members of those courts who have applied for registration on the list of electors;
    " 2 ° Registered as representative:
    " (a) Commercial companies within the meaning of Article L. 210-1 and public establishments of an industrial and commercial character whose registered office is located in the electoral district;
    (b) In respect of an establishment in the electoral district of a secondary registration or a secondary registration, unless exempted by the laws and regulations in force, the natural persons referred to in the And b of the 1 ° and the legal persons referred to in the present 2 °, regardless of the electoral district in which such persons exercise their right to vote;
    " (c) Commercial corporations whose registered office is located outside the national territory and which have in the electoral district of a registered establishment registered in the register of commerce and companies;
    " 3 ° Executives who, employed in the electoral district by the voters referred to in the 1 ° or 2 °, carry out duties involving managerial, technical or administrative responsibilities of the undertaking or establishment.
    " II. -In respect of their registered office and of all their establishments situated in the community, the natural or legal persons mentioned in the 1 ° and 2 ° of the I shall have
    1. One additional representative, when employed in the community of ten to forty-nine employees;
    " 2 ° Two additional representatives, when employed in the community of fifty-one hundred and ninety-nine employees;
    " 3 ° Three additional representatives, when employed in the community of two hundred to four hundred and ninety-nine employees;
    " 4 ° 4 additional representatives, when employed in the community of five hundred to nineteen hundred and ninety-nine employees;
    " 5 ° 5 additional representatives, when they employ two or more employees in the community.
    " III. -However, the natural persons listed in a and b of 1 ° of the I whose spouse benefits from the provisions of the c of 1 ° of the same paragraph do not designate any additional representative if they employ less than fifty employees in the Community.
    " IV. -Partnerships and limited partnerships shall mean by express deliberation in accordance with the statutory provisions a single representative on behalf of the partners and the company, without prejudice to the possibility of designating Additional representatives under the II above. "
    " Art. L. 947-5. Article L. 723-2 reads as follows:
    " Art. L. 723-2. -I.-The representatives referred to in Article L. 723-1 applicable in French Polynesia must perform in the undertaking as President and Chief Executive Officer, President or Member of the Board of Directors, of Director General, Of the President or a member of the Executive Board, the chairman of the supervisory board, the managing director, the chairman or a member of the board of directors or the director of a public establishment of an industrial and commercial character, or Represent, as an agent, functions involving The business, technical or administrative management responsibilities of the company or institution.
    " II. -Voters in a personal capacity referred to in the same Article and representatives of natural or legal persons referred to in 2 ° of the I of this Article must be nationals of a Member State of the European
    . They must also take part in the vote:
    " 1 ° Complete the conditions laid down in Article L. 2 of the Election Code, with the exception of nationality;
    2. Not covered by the prohibition referred to in Article L. 6 of the Election Code;
    " 3 ° Have not been subject to personal bankruptcy or any of the measures prohibiting or forfeiture as provided for in Book VI of this Code in its applicable wording in accordance with the last paragraph of Article L. 940-1 or Law No. 85-98 Of 25 January 1985 on the judicial reorganization and liquidation of undertakings or of Act No. 67-563 of 13 July 1967 on the judicial settlement, liquidation of property, personal bankruptcy and bankruptcies or measures Prohibition of carrying on business;
    " 4 ° Failing to have been sentenced to penalties, disqualifications or sanctions imposed under legislation in force in the Member States of the European Community equivalent to those referred to in 2 ° and 3 °. "
    " Art. L. 947-6. -For the application of Article L. 723-3, the words: " the judge committed to the supervision of the register of commerce and companies. In the case of the establishment of a commercial court, the first chairman of the court of appeal shall appoint a judge of the judicial order as the chairman of the commission shall be replaced by the words: " a judge of the judicial order designated by the first President of the Court of Appeal.
    " Art. L. 947-7. Article L. 723-4 reads as follows: '
    ' Art. L. 723-4. -Subject to the provisions of Article L. 947-9, persons who are at least 30 years of age on the list of electors established pursuant to Article L. 947-6 shall be eligible for the functions of a judge of a joint court of commerce Justifying either registration for at least five years at the register of trade and companies or, during the same period, the exercise of one of the qualities listed in the I of Article L. 723-2 in its applicable drafting in Polynesia French. "
    " Art. L. 947-8. Article L. 723-5 reads as follows:
    " Art. L. 723-5. -Is ineligible for the functions of a judge of a joint trade tribunal for any candidate in respect of which a judicial reorganization or liquidation procedure is open. The same provision shall apply to any candidate having one of the qualifications referred to in Article L. 723-2 in his writing applicable in French Polynesia, where the company or the public institution to which it belongs is the subject of a Judicial reorganization or liquidation proceedings. "
    " Art. L. 947-9. -The first paragraph of Article L. 723-7 reads as follows:
    " After twelve years of uninterrupted judicial office in the same joint court of commerce, the judges of the mixed courts of commerce are no longer eligible in this court for one year. "
    " Art. L. 947-10. -For the purposes of Article L. 723-8, the words: "member of a labour council shall be replaced by the words:" assessor of a labour
    . Art. L. 947-11. -For the application of Article L. 723-9, the words: " by correspondence or by electronic means. Are replaced by the words: " by proxy or by correspondence under conditions laid down by decree in the Council of State. Each voter can have only one power of attorney.
    " Art. L. 947-12. -For the application of the first paragraph of Article L. 723-10, the words: "two rounds shall be replaced by the words:" a tower, and shall be added at the end of the article the following sentence: " If more than one candidate obtains the same number of votes, the most Old is declared elected.
    " Art. L. 947-13. -For the purposes of section 3 of Chapter III of Title II of Book VII, the following provisions shall be added:
    " I.-To the list of candidates declared elected, the committee provided for in Article L. 723-13, annex, an additional list containing the names, quality and domicile of the unelected candidates. These candidates are ranked in descending order of the number of votes they have obtained. Equal voices, they are ranked in descending order of their age.
    " The candidates on the supplementary list drawn up pursuant to the first paragraph of this Article shall be called upon to replace the judges whose seat becomes vacant for any reason. They shall be appointed, following the order of the supplementary list, by the President of the Joint Court of Trade. Before taking office, they shall be sworn in under the conditions laid down for the judges of the mixed courts of
    . II. -If vacancies cannot be filled under the I and the number of vacancies exceeds one third of the number of staff members of the court, additional elections shall be held. The same is true if there is an increase in the number of a joint trade tribunal.
    " However, there is no need for additional elections in the twelve months preceding the general election.
    " III. -The term of office of judges appointed or elected under the terms of I and II shall terminate at the same time as that of the other judges of the mixed courts of commerce." ;
    7 ° Article L. 950-1 is replaced by the following:
    " 7 ° Title I of Book VII, with the exception of Articles L. 711-5 and L. 711-9; Articles L. 721-3 to L. 721-6; '.

    Article 10 Read more about this Item ...


    Repealed:
    1 ° The law of 1 April 1837 relating to the authority of judgments given by the Court of Cassation after two appeals;
    2 ° Article 23 of the Act of 1 June 1924 introducing the French trade laws in the departments of Haut-Rhin, Bas-Rhin and Moselle;
    3 ° Articles 2 and 4 of the Act of 19 March 1934 relating to the application of the international convention of Mannheim of 17 October 1868, aimed at reducing the number of French courts for the Navigation of the Rhine;
    4 ° Articles 2 to 7 (first sentence) of Order No. 82-877 dated 15 October 1982 establishing customary assessors in the territory of New Caledonia and Dependencies to the Civil Court of First Instance and the Court of Appeal.
    In addition, are and remain repealed:
    1 ° Article 2 of Title II and Article 5 of Title VIII of the Law of 16 and 24 August 1790 on the judicial organisation;
    2 ° Articles 63 and 64 of the Law of 27 ventôse an VIII on the organisation of the courts.

    Article 11 Read more about this article ...


    The following are repealed as of the date of entry into force of the decree relating to the regulatory part of the code of the judicial organization:
    1 ° Articles 1 and 3 of the Act of 19 March 1934 relating to the application of the Mannheim International Convention of 17 October 1868 to reduce the number of French courts for the navigation of the Rhine;
    2 ° The first Paragraph of Article 2 of Act No. 66-379 of 15 June 1966 determining, pursuant to the Franco-German-Luxembourg Convention of 27 October 1966, the competent courts for the navigation of the Moselle;
    3 ° Articles 7 (second Sentence of the first subparagraph and second paragraph) and 7-1 of Order No. 82-877 dated 15 October 1982 Establishing customary assessors in the territory of New Caledonia and Dependencies in the Civil Court of First Instance and the Court of Appeal.

    Item 12 About More on this article ...


    With the exception of Articles 2 and 7 and III of Article 8, this order is applicable, as it relates to, in Mayotte, New Caledonia, French Polynesia, Southern and Antarctic Lands French and Wallis and Futuna Islands.

    Article 13


    The Prime Minister, the Minister of Justice, and the Minister of Justice Minister for Overseas shall be responsible, as far as it is concerned, for Application of this order, which will be published in the Official Journal of the French Republic.

    Annex


    A N N E X E I
    CODE OF THE JUDICIARY ORGANIZATION
    BOOK
    COMMON PROVISIONS
    TO JUDICIAL JURISDICTIONS
    TITLE I
    GENERAL PRINCIPLES
    Single Chapter


    L. 111-1
    Courts render their decisions on behalf of the French
    . 111-2
    Free justice is provided in the manner prescribed by law and regulation.
    L. 111-3
    Court decisions are rendered within a reasonable time.
    L. 111-4
    The continuity and continuity of the justice service continues to be
    . 111-5
    The impartiality of the judicial courts is guaranteed by the provisions of this Code and those laid down by the provisions specific to certain courts, as well as by the rules of incompatibility fixed by the Statute of the Magistrates
    L. 111-6
    Subject to specific provisions in certain jurisdictions, the challenge of a judge may be requested:
    1 ° If either himself or his spouse has a personal interest in the dispute;
    2 ° If he or his spouse is a creditor, a debtor, a presumptive heir or a donee of one of the parties;
    3 ° If he or his spouse is a parent or an ally of One of the parties or his or her spouse up to and including the fourth degree;
    4 ° If there has been or is a trial between him or her spouse and one of the parties or his/her spouse;
    5 ° S' il a Previously known of the case as a judge or as Arbitrator or if he has advised any of the parties;
    6 ° If the judge or the judge's spouse is responsible Administer the assets of one of the parties;
    7 ° If there is a relationship of subordination between the judge or the judge's spouse and one of the parties or his or her spouse;
    8 ° If there is a known friendship or enmity between the judge and one of the parties
    The Public Prosecutor's Office, an attached party, may be challenged in the same cases
    111-7
    A judge who presupposes, in his or her person, a cause of recusal or self-esteem must not be replaced by another specially designated
    . 111-8
    In civil matters, the reference to another jurisdiction of the same nature and degree may be ordered because of legitimate suspicion, public safety or if there are grounds for objection against several judges
    Referral from one court to another may be ordered in accordance with Articles 662 to 667-1 of the Code of Criminal
    . 111-9
    Cannot form part of a second degree judgment formation the judge who previously knew of the case in the first instance.
    Cannot form part of a judgment formation of the Court of Cassation the judge who had previously known of The case first or last resort.
    L. 111-10
    Spouses, parents and allies to the third degree included may not, unless exempted, be simultaneously members of the same court or court in any capacity.
    No exemption may be granted when The jurisdiction includes only one chamber or one of the spouses, parents or allies to the degree referred to in the preceding paragraph is the President of the court or the head of the public prosecutor's
    . Spouses, parents or allies referred to in first paragraph may not sit In the same cause.
    L. 111-11
    For the purposes of Articles L. 111-6 and L. 111-10, the person related to the judge by a civil pact of solidarity is assimilated to the spouse.


    TITLE II
    GENERAL RULES OF ORGANIZATION
    AND DE OPERATION
    Chapter I
    Judges
    Section 1
    Courts Composition


    L. 121-1
    Except in special provision, in the Court of Cassation, in the courts of appeal, the courts of high instance and the courts of instance, the functions of judgment are exercised by judges belonging to the judiciary; the rules
    other judicial courts shall be composed either of judges of the judicial body or of non-professional judges appointed under the conditions laid down by the courts. Texts organizing these jurisdictions.
    L. 121-2
    Unless otherwise provided, judges rule in odd numbers.


    Section 2
    Judicial Service


    L. 121-3
    Each year, the first President of the Court of Cassation, the first President of the Court of Appeal, the President of the High Court, and the Magistrate in charge of the Management and Administration of the Court of Cassation Judges in the various services of the court.
    A decree of the Council of State shall lay down the rules for the application of this Article. It specifies, in particular, the conditions under which the distribution of judges may be amended during the year
    121-4
    In the event of a vacancy or incapacity of one or more magistrates or where the temporary and immediate reinforcement of the courts of the first degree appears indispensable to ensure the processing of the dispute within a time limit The first President may, by order, delegate the chairpersons of the Chamber and the advisors of the Court of Appeal, the judges of the courts of instance and of the High Court, to perform judicial functions in the courts of Jurisdiction of the Court of Appeal whose service is provided by magistrates of the body A
    may not be delegated more than five times in the same judicial year. Its delegations may not exceed a total duration of three months.
    As regards the judges appointed to exercise the functions of a judge of the expropriation, the duration of the delegation provided for in the preceding paragraph may be extended to six. Month.
    The order referred to in the first paragraph specifies the reason and duration of the delegation and the nature of the duties to be performed by the delegated magistrate.


    Chapter II
    The Public Prosecutor's Office
    Section 1
    Organization


    L. 122-1
    At the Court of Cassation, in the courts of appeal and the courts of high instance, the public prosecutor's office is exercised by judges belonging to the judiciary; the rules applicable to their appointment are laid down by the Statute of the Court.
    In front of the other courts, the public prosecutor is exercised either by judges of the judicial body or by persons authorised under the conditions laid down in the texts organising these courts
    122-2
    The Public Prosecutor's Office is exercised in all matters before all courts of the first instance of the High Court by the Public Prosecutor of the Republic
    122-3
    The Public Prosecutor's Office is exercised, in all matters, before all courts of the second degree and the courts instituted within the jurisdiction of the Court of Appeal by the Attorney General.


    Section 2
    Operating


    L. 122-4
    Any magistrate in a public prosecutor's office or general prosecutor's office can perform the functions of the public prosecutor's office.


    Chapter III
    The Registry


    L. 123-1
    The Court of Cassation, the courts of appeal, the courts of high instance, the courts of instance, the courts of jurisdiction with exclusive jurisdiction in criminal matters, the courts of proximity and the councils of men and women A registry made up of state
    . 123-2
    The specific provisions applicable to the registry of other courts are laid down in the texts on the organisation and functioning of these courts, referred to in Article L. 261-1.


    Chapter IV
    jurisdiction and jurisdiction


    This chapter does not include legislation.


    TITLE III
    JUSTICE AND LAW MAISONS


    This title does not include Legislative provisions.


    TITLE IV
    RESPONSIBILITY FOR THE FUNCTIONING OF
    JUSTICE SERVICE
    Single Chapter


    L. 141-1
    The State shall be required to make good the damage caused by the malfunctioning operation of the service of justice.
    Unless otherwise specified, this liability shall be incurred only by gross negligence or by a denial of justice.
    L. 141-2
    The responsibility of judges, because of their personal misconduct, is governed by:
    -as regards judges of the judiciary, by the status of the judiciary;
    -with regard to other judges, by special laws or, failing that, by Articles 505 et seq. Of the Code of Civil
    . Victims of the damage caused by the personal misconduct of judges and other judges, except against the latter.


    BOOK II
    JURISDICTIONS OF THE FIRST DEGREE
    TITLE I
    THE COURT OF FIRST INSTANCE INSTANCE
    Chapter I
    Institution and Skill


    L. 211-1
    The Court of First Instance shall act at first instance in civil and criminal matters. When it decides in criminal matters, it is referred to as the Correctional
    . 211-2
    There is at least one high instance court within the jurisdiction of each Court of Appeal.


    Section 1
    Physical Competence
    Subsection 1
    Common jurisdiction in all major courts


    L. 211-3
    The Tribunal de Grande Instance is aware of all civil and commercial matters for which jurisdiction is not assigned, by reason of their nature or the amount of the application, to another jurisdiction
    211-4
    The Tribunal de Grande Instance has exclusive jurisdiction in matters determined by the laws and regulations
    211-5
    The High Court is competent to hear appeals:
    1 ° Against the decisions of the judge of the tutors and those of the family council;
    2 ° Against the decisions of the Court of Instance in respect of lost titles or Stolen in the conditions laid down in Article 11 of Decree No. 56-27 of 11 January 1956 concerning the procedure to be followed in the event of dispossession of bearer
    . 211-6
    The High Court shall have applications for the costs, emoluments and disbursements of court officers and public or ministerial officers in the cases provided for in Article 52 of the new Code of Civil Procedure, without Prejudice to the specific provisions relating to lawyers' fees set out in Article L. 311-7 of this Code and Article 179 of Decree No. 91-1197 of 27 November 1991 establishing the profession of lawyer, and of the legal fees set out in Article 5 of Act No. 57-1420 of 31 December 1957 on the recovery of Lawyers' fees.
    L. 211-7
    In the cases provided for in Article 16 of Act No. 71-1130 of 31 December 1971 reforming certain judicial and legal professions, the High Court performs the functions of the Council of the Bar
    . 211-8
    The Tribunal de grande instance is the disciplinary jurisdiction of the admitted, the judicial auctioneers, bailiffs and notaries in the cases and conditions set out in Order No. 45-1418 of 28 June 1945 relating to The discipline of notaries and certain ministerial
    . 211-9
    The Correctional Court is committed to offences, without prejudice to the other jurisdictions set out in the provisions of the Code of Criminal Procedure.


    Subsection 2
    Special jurisdiction in certain large courts Instance


    L. 211-10
    Special specially designated courts shall be subject to actions relating to patents for invention, utility certificates, supplementary protection certificates, topography of semiconductor products and Of plant varieties, in the cases and conditions provided for by the code of intellectual
    . 211-11
    A specially designated court of large instance is aware of Community trade mark applications and actions, in the cases and conditions set out in the Intellectual Property
    . 211-12
    Special specially designated courts are engaged in actions on the basis of the provisions of international and community instruments relating to the international illicit displacement of children.


    Section 2
    Territorial Jurisdiction


    This section does not include legislative provisions.


    Chapter II
    Organization and Operation
    Section 1
    Service Jurisdictional


    L. 212-1
    The Tribunal de grande instance acts on a collegial basis, subject to the exceptions to the subject matter of the dispute or to the nature of the questions to be
    . 212-2
    Where a case, having regard to the subject-matter of the dispute or the nature of the questions to be decided, shall be brought before the High Court, acting as a single judge, the reference to the collegial training shall be entitled, on the unsubstantiated request Of one of the parties formulated in accordance with the terms and time limits laid down by decree in the Council of State.
    However, the provisions of this Article shall not be applicable in disciplinary matters or relating to the status of persons, subject to Provisions specific to matters of the competence of the judge in cases Family.
    L. 212-3
    The collegial training of the High Court is composed of a president and several assessors
    212-4
    Lawyers may be called, in the order of the table, to supplement the judges to complete the high court.
    However, the formation of judgment may not include, in criminal matters, a majority of judges not Professionals.
    L. 212-5
    The rules governing the organisation and operation of a single judge are laid down in Articles 398 and 398-1 of the Code of Criminal Procedure.


    Section 2
    The Public Prosecutor's Office


    L. 212-6
    Counsel for the Republic represents, in person or by its substitutes, the Public Prosecutor's Office in the High Court.


    Section 3
    The Registry


    This section does not include: No legislation.


    Section 4
    Detached Rooms


    This section does not include legislation.


    Section 5
    Assemblies General


    This section does not Does not include legislation.


    Chapter III
    Specific Features
    Section 1
    Specific Civil Service Functions
    Subsection 1
    The President of the High Instance Court


    L. 213-1
    The President of the High Court shall have jurisdiction in matters determined by law and
    . 213-2
    In any matter, the President of the Tribunal of the High Court shall act as a reference or on motion.


    Subsection 2
    The Status Judge


    This subsection does not include any Legislation.


    Subsection 3
    Family Affairs Judge


    L. 213-3
    In each high court, one or more judges of the seat are delegated in the functions of a family judge.
    The Family Court Judge is familiar with:
    1 ° Divorce, separation of bodies and their consequences, subject to the jurisdiction assigned to the High Court;
    2. Actions related to the fixing of the maintenance obligation, the contribution to the burden of the Marriage and the maintenance obligation, the exercise of parental authority, the modification of the name of the natural child and the names
    213-4
    Family Affairs Judge may refer to the College of the High Court, which acts as a Family Affairs Judge.
    The College consists of the judge who ordered the referral.


    Subsection 4
    Execution Judge


    L. 213-5
    The functions of a judge of performance are exercised by the President of the High Court.
    When delegating these functions to one or more judges, the presiding judge shall determine the duration and extent of the proceedings. Of this delegation.
    L. 213-6
    The execution judge shall, in an exclusive manner, know of the difficulties relating to enforceable titles and disputes arising in respect of enforced execution, even if they relate to the substance of the law unless they are Does not fall outside the jurisdiction of the courts of the judicial system.
    Under the same conditions, it authorizes provisional measures and is subject to challenges relating to their implementation.
    It has, under the same reservation, requests for Damages based on the harmful performance or non-performance of the measures
    It is aware of measures to deal with the over-indebtedness of individuals and the personal recovery procedure.
    L. 213-7
    The judge of the performance may refer to the collegial formation of the court of large instance which acts as a judge of the execution.
    The college comprises the judge who ordered the dismissal.


    Subsection 5
    Justice of liberty and detention


    L. 213-8
    The powers of the judge of liberty and detention in non-punitive matters are laid down by specific laws.


    Section 2
    Special Criminal Functions


    L. 213-9
    The Code of Criminal Procedure lays down rules on the jurisdiction, organisation and operation of certain courts of high instance:
    1 ° Military matters in peacetime;
    2 ° Economic and financial matters ;
    3 ° Health;
    4 ° Terrorism;
    5 ° Organised delinquency;
    6 ° In pollution of marine waters by ship discharge.
    L. 213-10
    The Code of Criminal Procedure lays down rules on the jurisdiction, organisation and operation of the jurisdiction of freedoms and detention and the jurisdiction of the application of
    . 213-11
    The Code of Criminal Procedure lays down the rules on jurisdiction, organisation and operation of the investigating court, in particular:
    1 ° Military in peacetime;
    2 ° In economic and financial matters;
    3 ° In health matters;
    4 ° Terrorism;
    5 ° In matters of crime and organised crime;
    6 ° Pollution of marine waters by ship releases.


    Chapter IV
    The
    Compensation Commission for Crime Victims


    L. 214-1
    Each High Court has a compensation board for certain victims of offences which are of the nature of a civil court. This committee, which has jurisdiction to fix the compensation provided for in Article 706-3 of the Code of Criminal Procedure, shall act in the first
    . 214-2
    The compensation board is composed of magistrates from the seat of the court of large instance and one or more major persons, of French nationality and enjoying their civil rights, having expressed interest in them Address the problems of the victims. It is presided over by one of the judges.
    The members of the committee and their alternates are appointed for a period of three years by the general assembly of judges of the court's seat.
    The functions of the public prosecutor are exercised By the Public Prosecutor.


    Chapter V
    Special provisions for the
    departments of the Bas-Rhin, the Haut-Rhin and the Moselle


    L. 215-1
    In the matters provided for in Book VI of the Commercial Code, the Tribunal of Large Instance or, where applicable, the Chamber of Commerce of that Tribunal shall perform the functions assigned to the Commercial
    . May also be exercised by a judge of the seat of the court of large instance or by a judge in charge of the service of the court of the debtor's
    . 215-2
    The rules relating to the competence, organisation and operation of the commercial chambers of the High Courts of the Lower Rhine, Upper Rhine and Moselle departments are laid down by the Commercial Code.


    TITLE II
    INSTANCE TRIBUNAL
    Chapter I
    Institution and Skill


    L. 221-1
    In the first instance, the District Court shall have civil and criminal cases assigned to it by law or regulation because of their nature or the amount of the
    . Jurisdiction in criminal matters.
    When it decides in criminal matters, the District Court is referred to as the Police
    . 221-2
    There is at least one instance court within the jurisdiction of each Court of
    . 221-3
    In the instance court, one or more judges perform the duties of a tug judge.


    Section 1
    Physical Competence
    Subsection 1
    Civil Jurisdiction of the Court of Instance


    L. 221-4
    Subject to the laws or regulations laying down the particular jurisdiction of the other courts, the District Court shall know, in civil matters, of any personal or securities action up to the value of 10 000 Euro. It also has undetermined requests for the implementation of an obligation which does not exceed EUR 10 000.
    L. 221-5
    The special powers of the Court of Instance are laid down by decree in the Council of State.


    Subsection 2
    Jurisdiction of the District Court Judge


    L. 221-6
    When deciding on motion and in interim order, the judge of the instance court shall be aware of the applications referred to in Article L. 221-4
    221-7
    When deciding according to the order-to-pay procedure, subject to the jurisdiction of the local court, the trial judge is competent at any value that the application may raise.
    L. 221-8
    By way of derogation from the provisions of Article L. 213-6, the judge of the instance court shall have jurisdiction in respect of the seizure of remuneration and shall exercise the powers of the execution judge in accordance with Article L. 145-5 of the Labour Code.


    Subsection 3
    Competence of the guarantial judge


    L. 221-9
    The judge of the guardianship knows:
    1 ° De l' emancipation;
    2 ° De l' administration légale et de la guardianship des miners;
    3 ° Du placement sous safeguard de justice, de la curatelle et de la guardianship des incapable adults;
    4 ° Sous Reservation of the jurisdiction of the judge of the children, guardianship of social benefits;
    5 ° guardianship of the pupils of the nation;
    6 ° From the recognition of the presumption of absence.


    Subsection 4
    Competence of the Police tribunal


    L. 221-10
    The police tribunal is aware of the offences of the fifth class, subject to the jurisdiction of the juvenile judge and without prejudice to the other powers conferred upon it by the Code of Criminal Procedure.


    Section 2
    Territorial Jurisdiction


    This section does not include any legislative provisions.


    Chapter II
    Organization and Operation
    Section 1
    Service Jurisdictional


    L. 222-1
    The District Court acts as a single judge.
    L. 222-2
    Seat magistrates who provide the service of an instance court may be replaced in the event of a vacancy, absence or incapacity, or temporarily replaced, by judges of the seat designated by the President of the Court of large instance.
    They may also be responsible for the service of boundary courts having their seat in the jurisdiction of the same high court.


    Section 2
    Public Prosecutor's Office


    L. 222-3
    The seat of the Public Prosecutor's Office before the Police Court shall be held by the Public Prosecutor or by the Police Commissioner in the cases and conditions laid down in Articles 45 to 48 of the Code of Criminal Procedure.


    Section 3
    Registry


    This section does not include legislation.


    Section 4
    General Assemblies


    This section does not include Legislative provisions.


    Chapter III
    Special provisions for the
    departments of the Bas-Rhin, the Haut-Rhin and the Moselle


    L. 223-1
    In heritage matters, the Court of Instance shall, in an exclusive manner, know all real and immovable actions up to the value of EUR 10 000.
    It also knows, exclusively, of all personal actions, or The value of EUR 4 000 to the value of EUR 10 000. It also knows undetermined requests which originate from the execution of an obligation of between EUR 4 000 and EUR 10 000.
    In commercial matters, the Court of Instance is exclusively aware of all Actions up to the value of € 10,000.
    L. 223-2
    The functions of the enforcement tribunal are carried out by the court of instance.
    The execution court is familiar with:
    1 ° enforced execution on immovable property;
    2 ° De l' administration forcdes buildings;
    3 ° De The procedure for purging mortgages.
    L. 223-3
    The functions of the Court for the Navigation of the Rhine are carried out by a specially designated court of authority, in accordance with the revised Convention for the Navigation of the Rhine, signed at Mannheim on 17 October 1868
    Court of first instance for the navigation of the Moselle is exercised by a specially designated court of instance, in accordance with Act No. 66-379 of 15 June 1966 determining, pursuant to the Franco-Luxembourg Convention of 27 October 1956, the competent courts for the navigation of the Moselle
    223-4
    The Land Book Service is insured in the Court of Instance in accordance with the terms and conditions laid down by decree
    223-5
    The Court of Instance is familiar with:
    1 ° guardianship, legal administrations and curatelles of local law;
    2 ° Judicial sharing and judicial sale of buildings, certificates of inheritance and seals;
    3 ° Registers of associations and registers of cooperative associations of local
    . 223-6
    The Court of Instance shall act in the place of the High Court and the President of that court in cases where the law gives them jurisdiction in matters of
    . 223-7
    The judge of the Court of Instance shall be aware of the provisional seizure provided for in Article L. 511-51 of the Code of Commerce regardless of the amount of the causes of the seizure.


    TITLE III
    JURISDICTION OF PROXIMITY
    Chapter I
    Institution and Skill


    L. 231-1
    The local court rules at first instance in civil and criminal
    . 231-2
    There is at least one community jurisdiction within the jurisdiction of each court of appeal.


    Section 1
    Civil Jurisdiction


    L. 231-3
    The local court shall know, in civil matters, subject to the laws or regulations laying down the particular jurisdiction of the other courts, personal or transferable shares up to the value of 4 000
    .
    It is aware of undetermined requests originating from the execution of an obligation not exceeding EUR 4 000.
    It knows, within the same limits, with a view to giving it enforceability, of the application for approval The finding of agreement formed by the parties, after an attempt Prior to conciliation.
    L. 231-4
    The special powers of the local court are laid down by decree in the Council of State
    231-5
    Where, in civil matters, the local court is faced with a serious legal difficulty relating to the application of a rule of law or the interpretation of the contract between the parties, it may, at the request of a party or ex officio, After obtaining the opinion, as the case may be, from the other or both parties, refer the case back to the Court of Instance, which acts as a local court.


    Section 2
    Criminal Jurisdiction


    L. 231-6
    The rules concerning the jurisdiction, organisation and functioning of the court of proximity in criminal matters are laid down by the Code of Criminal Procedure and, with regard to minors, by Order No. 45-174 of 2 February 1945 on Women Offenders.


    Chapter II
    Organization and Operation
    Section 1
    Judicial Service


    L. 232-1
    The local court rules a single judge.
    L. 232-2
    In the event of the absence or incapacity of the local judge, or where the number of local judges is insufficient, the functions of that judge shall be exercised by a judge of the district court, appointed for that purpose by the presiding judge
    The trial judge, however, has the full right, in this capacity, to act as a community judge when no local judge has been assigned to the local jurisdiction.


    Section 2
    Public Prosecutor


    L. 232-3
    The headquarters of the public prosecutor before the local court shall be occupied by the public prosecutor or by the police commissioner in the cases and conditions laid down in Articles 45 to 48 of the Code of Criminal Procedure.


    Section 3
    The Registry


    This section does not include legislation.


    Section 4
    General Assemblies


    This section does not Does not include legislation.


    TITLE IV
    ASSISES COUR
    Single Chapter


    L. 241-1
    Rules concerning the institution, jurisdiction, organization and operation of the seated court are laid down in the Code of Criminal Procedure.


    TITLE V
    MINER JURISDICTIONS
    Chapter I
    The Children's Court
    Section 1
    Institution and Skill


    L. 251-1
    The Juvenile Court shall, under the conditions laid down in Ordinance No. 45-174 of 2 February 1945 on juvenile delinquency, offences and offences committed by minors and crimes committed by minors Years.
    L. 251-2
    There is at least one child court within the jurisdiction of each court of appeal.


    Section 2
    Organization and Operation


    L. 251-3
    The Children's Court consists of a judge of the children, president, and several assessors
    251-4
    The incumbent and alternate assessors are selected from persons over the age of thirty, who are of French nationality and who have indicated their interest in the issues of children and their skills
    Assessors are appointed for four years by the custody of the seals, Minister of Justice. Their renewal takes place in half. However, in the event of the establishment of a court for children, an increase or reduction in the number of assessors in those courts, or the replacement of one or more of these assessors on a date other than that provided for them Renewal, the designation of the persons concerned may take place for a period of less than four years within the limit of the duration required to allow their renewal by half.
    L. 251-5
    Prior to taking office, the incumbent and alternate assessors swear an oath before the High Court for the purpose of performing their duties and faithfully maintaining the confidentiality of the
    . 251-6
    Incumbent or substitute assessors who, without lawful reason, have failed to refer to several successive summons may, at the request of the Children's Judge or the Public Prosecutor's Office, be declared resigning, by decision of The Court of Appeal.
    In the event of serious misconduct of honour or probity, their forfeiture shall be pronounced in the same form.


    Chapter II
    Children's Judge


    L. 252-1
    There is at least one child judge at the seat of each court for children
    252-2
    The Children's Judge is responsible for educational
    . 252-3
    The Children's Judge is responsible for the organisation or extension of an action for judicial protection against emancipated minors or adults aged twenty-one years or
    . 252-4
    The Children's Judge is aware, subject to the jurisdiction of the guardianship judge, of guardianship of social
    . 252-5
    In criminal matters, the children's judge is aware, in accordance with the conditions laid down in Ordinance No. 45-174 of 2 February 1945 on juvenile delinquency, of offences and of fifth-class tickets committed by minors.


    Chapter III
    Common provisions for the Children's Court
    and the Children's Judge


    This chapter does not include legislation.


    Chapter IV
    The Minors' base yard


    L. 254-1
    The rules concerning the jurisdiction, the organisation and the functioning of the basic court of minors are laid down in Order No. 45-174 of 2 February 1945 on juvenile delinquency and, in the field of terrorism, by the article 706-17 of the Code of Criminal Procedure.


    TITLE VI
    OTHER JURISDICTIONS OF ALLOCATION
    Single Chapter


    L. 261-1
    The specific provisions relating to the institution, competence, organisation and operation of the other award courts are set out:
    1 ° To the trade code with regard to the Commercial Court;
    2 ° to the Merchant Marine Disciplinary and Penal Code, as regards the Commercial Marine Court;
    3 ° to the Code of Expropriation for Public Utility And the specific laws and regulations with regard to the expropriation judge;
    4 ° To the Code of Military Justice with regard to the courts of the armed forces;
    5 ° To the Code of Criminal Procedure with regard to the Court Application of penalties;
    6 ° Rural code with respect to the Joint Court of Leases Rural;
    7 ° Social Security Code with regard to the Social Security Court, the Disability Litigation Court and the National Court of Incapacity and Pricing of Workers' Compensation ;
    8 ° To the Labour Code with respect to the Council of Eastern Hemlock; and
    9 ° To the decree of 19 November 1859 on the Coastal Fisheries Police in the Fifth Maritime Arrondissement with regard to fishing homies.


    BOOK III
    JURISDICTIONS OF SECOND DEGREE
    TITLE I
    LA COUR CALL
    Chapter I
    Jurisdiction
    Section 1
    General


    L. 311-1
    The Court of Appeal shall, subject to jurisdiction granted to other jurisdictions, be subject to judicial, civil and criminal court decisions.
    The Court of Appeal shall rule on the merits of cases.


    Section 2
    Special Terms


    L. 311-2
    The Court of Appeal has objections to the election of the President of the Commercial Court under the terms of the trade
    . 311-3
    The Court of Appeal knows, with respect to counsel:
    1. Challenges with respect to elections to the council of order and the election of the maker of the order; and
    2. Order;
    3 ° Appeal against decisions of vocational training centres;
    4 ° Post-arbitration remedies for disputes arising out of the contract of employment of salaried
    . 311-4
    The Court of Appeal is familiar with:
    1 ° With regard to the probationary period, appeals against the decisions of the chamber of the company of the admitted;
    2 ° With regard to the traineeship of bailiffs, appeals against decisions De la chambre départementale des huissiers de justice;
    3 ° With regard to the notaries' internship, appeals against the decisions of the board of directors of the professional training centre of notaries
    311-5
    The Court of Appeal knows, with respect to the discipline of the confectioners, the judicial auctioneers, bailiffs and notaries, appeals against decisions of the Disciplinary
    . 311-6
    The Court of Appeal is subject to challenges relating to the regularity of the elections of members of the professional bodies of the admitted, the judicial auctioneers, bailiffs and notaries.


    Section 3
    First President provisions


    L. 311-7
    The first President shall have jurisdiction in the following matters, without prejudice to any other powers conferred upon him by law or regulation:
    1 ° Judgment or grant of provisional execution in the event of an appeal, in accordance with the new code of civil procedure;
    2 ° The action against the decision of the maker of protest against the lawyer's fees;
    3 ° Reparation for reasons Pre-trial detention, in accordance with the code of criminal procedure;
    4 ° The appeal of the orders of the judge of freedoms and detention in the event of an extension of the holding in the waiting area and of the detention, in accordance with the code of entry and Stay of aliens and the right of asylum.


    Section 4
    Special provisions
    to certain rooms in the invocation yard


    L. 311-8
    The rules governing the jurisdiction of the Chamber of Education, the Chamber of Corrections and the Chamber of Correctional Appeals are laid down in the Code of Criminal
    . 311-9
    The rules relating to the jurisdiction of the Board of Expropriation are set by the Code of Expropriation due to public utility.


    Section 5
    Special provisions for certain appellate courts


    L. 311-10
    specially designated appeal courts are aware of appeals against decisions of the Director of the National Institute of Industrial Property in the cases and conditions set out in the code of intellectual
    . 311-11
    A specially designated court of appeal has recourse against:
    1 ° Decisions of the Competition Council, in the cases and conditions set out in the code of commerce;
    2 ° The decisions of the individual authority of the Financial markets, in the cases and conditions set out in the monetary and financial code;
    3 ° The decisions of the Plant Breeders' Rights Committee, in the cases and conditions provided for by the code of intellectual
    . 311-12
    A specially designated court of appeal is aware of actions, committed in respect of compensation for victims of human immunodeficiency virus contamination, against the National Compensation Board Medical accidents, iatrogenic and nosocomial infections, in the cases and conditions set out in the Public Health
    . 311-13
    A specially designated Court of Appeal shall have recourse to decisions taken by the Electronic Communications and Postal Regulatory Authority in the cases and conditions set out in the Code of Posts and Communications
    L. 311-14
    A specially designated court of appeal knows:
    1 ° Disputes concerning the election of members of the National Council of Bars and the members of the Board of Directors;
    2. Appeal against individual decisions taken by the National Council of Bars;
    3 ° Appeal against decisions taken by the national commissions on the registration, withdrawal or discipline of judicial administrators, judicial representatives in the reorganization and liquidation of undertakings and experts in Enterprise diagnostics.


    Chapter II
    Organization and Operation
    Section 1
    The Courts of Appeal
    Subsection 1
    General


    L. 312-1
    The Court of Appeal adjudicates collegial
    . 312-2
    Court of Appeal judgment formation consists of a chairperson and several councillors.
    At the formal hearing, the court is presided over by the first president and also includes counsel from several Rooms.
    L. 312-3
    Counsel in the order of the table and, after them, admitted according to the date of their receipt, may be called upon to supplement counsel to complete the Court of Appeal.
    However, the Court of Appeal's formation of judgment cannot Understand, in criminal matters, a majority of non-professional judges.


    Subsection 2
    Specific training provisions


    L. 312-4
    The rules governing the organisation and operation of the Chamber of Education, the Chamber of Corrections and the Chamber of Correctional Appeals are laid down in the Code of Criminal
    . 312-5
    The rules relating to the organization and operation of the Board of Expropriation are laid down in the Code of Expropriation for reasons of public
    . 312-6
    A magistrate who takes the name of a child protection delegate shall be appointed within each court of appeal.
    This judge shall preside over the juvenile special chamber or act as rapporteur.
    He shall be a member of The Chamber of inquiry in the cases referred to in Article 23 of Order No. 45-174 of 2 February 1945.
    It also sits in the formation of the Court of Appeal, which rules on appeals against decisions rendered in the first instance Proceedings on the basis of the provisions of international and Community instruments


    Section 2
    The Attorney General's Office


    L. 312-7
    The Attorney General represents, in person, or by his substitutes, the Public Prosecutor's Office near the Court of Appeal.


    Section 3
    The Registry


    This section does not include provisions Legislative.


    Section 4
    The Cayenne Detached Room


    This section does not include any legislative provisions.


    Section 5
    General Assemblies


    This section does not include Legislative provisions.


    Chapter III
    Special provisions for the
    departments of the Bas-Rhin, the Haut-Rhin and the Moselle


    L. 313-1
    A specially designated court of appeal carries out the functions of the Court of Appeal for the navigation of the Rhine and appeals against the decisions of the Tribunal for the navigation of the Rhine
    313-2
    A specially designated court of appeal carries out the functions of the Court of Appeal for the navigation of the Moselle and appeals against decisions of the Court of First Instance for the navigation of the Moselle.


    TITLE II
    LA COUR D' ASSISES STATUANT EN CALL
    Unique Chapter


    L. 321-1
    The rules relating to the institution, the jurisdiction, the organization and the functioning of the sitting court are laid down by the Code of Criminal Procedure.


    TITLE III


    THE COURT NATIONAL DEFENCE INSURANCE INCAPACITY AND TARIFYING


    Single Chapter


    L. 331-1
    The rules concerning the institution, competence, organisation and functioning of the National Court of Incapacity and Charging for Workers' Compensation are laid down in the Social Security Code.


    BOOK IV
    CASSATION COUR
    TITLE I
    INSTITUTION AND COMPETENCE
    Single Chapter


    L. 411-1
    There is a Court of Cassation for the whole
    . 411-2
    The Court of Cassation rules on appeals in cassation against judgments and judgments rendered last by the courts of the judiciary.
    The Court of Cassation does not know the merits of cases, except Legislative provision to the contrary
    411-3
    The Court of Cassation may break without reference where the cassation does not imply that it is again ruled on the merits.
    It may also, by breaking without reference, put an end to the dispute where the facts, as they have been sovereignly Found and appreciated by the judges of the substance, allow it to apply the appropriate rule of law.
    In these cases, it decides on the costs of the civil proceedings before the judges of the
    . The
    for the application of this Article shall be fixed by decree in State Council.
    L. 411-4
    As stated in Article 11-1 of Ordinance No. 58-1270 of 22 December 1958 on the Organic Law relating to the Statute of the Judiciary, the action against judges who have committed personal misconduct relating to the Public service of justice is exercised in a civil chamber of the Court of Cassation.


    TITLE II
    ORGANISATION
    Single Chapter


    L. 421-1
    The Court of Cassation includes both civil and a criminal
    . 421-2
    Appeals against judgments and judgments given as a last resort in criminal matters are brought before the Criminal Chamber under the conditions laid down in the Code of Criminal
    . 421-3
    Judgments of the Court of Cassation are rendered either by one of the chambers, either by a joint chamber or by the plenary
    . 421-4
    When a joint chamber is to be constituted, it shall be composed of judges belonging to at least three chambers of the court.
    The joint chamber shall be presided over by the first President, or, in the event of its incapacity, by the most
    It includes, in addition, the presidents and deans of the rooms that comprise it, as well as two councillors from each room.
    L. 421-5
    The Plenary Assembly shall be presided over by the first President, or, in the event of its incapacity, by the oldest of the Presidents of the Chamber.
    It shall also include the Presidents and deans of the Chambers and an adviser to Each room.
    L. 421-6
    The provisions of Article L. 121-2 do not apply to the Court of Cassation
    421-7
    One or more Advocates-General to the Paris Court of Appeal may, by decree, be delegated to the Court of Cassation to carry out the functions of the Public Prosecutor's
    . 421-8
    The terms of application of this Title shall be fixed by decree in the Council of State.


    TITLE III
    FUNCTIONING
    Chapter I
    The rooms of the court
    Section 1
    General provisions


    L. 431-1
    Cases submitted to a civil chamber are examined by the training of three judges belonging to the chamber to which they were distributed.
    This training takes place when the solution of the appeal is necessary. If it does not, it shall refer the examination of the appeal at the hearing of the Chamber.
    However, the first President or the President of the Chamber concerned, or their delegates, ex officio or at the request of the Attorney General or one of the parties, May refer a case directly to the hearing of the Board by a non-reasoned
    . 431-2
    In criminal matters, the provisions governing the admission of appeals are laid down in the Code of Criminal
    . 431-3
    Referendum advisors shall sit in the chamber to which they are assigned with a consultative vote. They shall have the right to vote in the judgment of the cases which they are responsible for reporting.
    In addition, referendum advisers taken in order of seniority in their functions may, with a vote of vote, be called upon to complete the Chamber at Which they belong to.
    L. 431-4
    In the case of cassation, the case is returned, subject to the provisions of Article L. 411-3, before another court of the same nature as that of the judgment or the judgment or the same court composed of others Magistrates.
    When the reference is ordered by the plenary assembly, the referring court must comply with the decision of that assembly on the points of law judged by it.


    Section 2
    Provisions Single rooms
    and plenary assembly


    L. 431-5
    Referral to a joint chamber may be ordered where a matter normally falls within the jurisdiction of a number of chambers or if the matter has been or is likely to be received by the Boards of Solutions It must be divergent; it must be in the case of equal voice.
    L. 431-6
    Referral to the plenary may be ordered when the case raises a question of principle, including whether there are divergent solutions either between the substantive judges or between the substantive judges and the Court of Cassation; When, after a first judgment or judgment, the decision of the national court is challenged by the same means
    431-7
    Referral to a joint chamber or to the plenary is decided, before the opening of the debate, by a non-reasoned order of the first Chair, or by a non-reasoned judgment of the
    . When required by the Attorney General prior to the opening of the
    . 431-8
    If a member is unable to do so, he or she shall be replaced by a councillor appointed by the first Chairperson or, failing that, the presiding officer.
    L. 431-9
    The joint chamber and the plenum are pronounced on the appeal even if the conditions for their referral were not met
    431-10
    The terms and conditions of this Chapter shall be laid down by decree in the Council of State.


    Chapter II
    The Attorney General's Office


    L. 432-1
    The Attorney General has the floor at the joint and plenary chamber hearings, as well as in the general meetings of the court.
    It may refer to the hearings of the chambers and to the training provided for in article L. 441-2.
    L. 432-2
    In the event of the Attorney General's incapacity, the Attorney General shall be replaced for the acts of his or her duties by the first Advocate General or, failing that, by a General Counsel appointed by the Attorney General
    432-3
    Attorneys General have the floor, on behalf of the Attorney General, in front of the rooms to which they are assigned.
    They may be appointed by the Attorney General in order to bring them also before the other parties. Courtyard.
    L. 432-4
    Where the incapacity of a Advocate General is long-term, the first President and the Attorney General may, by a joint decision, delegate an adviser to the General Counsel
    . 432-5
    The terms and conditions of this Chapter shall be laid down by decree in the Council of State.


    Chapter III
    The Documentation and Studies Service


    This chapter does not include Legislative provisions.


    Chapter IV
    The Registry


    This chapter does not contain any legislative provisions.


    Chapter V
    General Assemblies


    This chapter does not include Legislative provisions.


    TITLE IV
    SPECIFIC PROVISIONS IN CASE OF SAISINE
    FOR NOTICE OF CASSATION COUR
    Single Chapter


    L. 441-1
    Before deciding on a matter of new law, which presents a serious difficulty and arises in many cases, the courts of the judicial system may, by a decision not subject to appeal, seek the opinion of the Court of Cassation
    441-2
    The formation of the Court of Cassation, which decides on the request for an opinion, shall be presided over by the first President or, in the event of incapacity, by the oldest Chamber
    . 441-3
    The opinion rendered does not bind the court that made the application
    441-4
    The procedures for the application of this Title shall be fixed, in respect of courts other than criminal, by decree in the Council of State.


    TITLE V
    JURISDICTIONS AND COMMITTEES INVOLVED
    THE COURT OF FIRST
    CASSATION Single Chapter


    L. 451-1
    The rules relating to the institution, competence, organisation and operation of the National Commission for the Repair of Detention, the Commission for the Review of Criminal Decisions, the Commission for the Review of a Criminal proceedings brought by the European Court of Human Rights and the Disciplinary Appeals Review Committee are laid down by the Code of Criminal
    . 451-2
    The rules relating to the institution, the jurisdiction, the organisation and operation of the review court are laid down in the Code of Criminal Procedure.


    BOOK V
    SPECIFIC PROVISIONS TO SAINT-PIERRE-ET-MIQUELON, À MAYOTTE, À WALLIS-ET-FUTUNA, TO THE FRENCH AND ANTARCTIC FRENCH, FRENCH POLYNESIA AND THE NEW CALCULATION Ier
    SPECIFIC PROVISIONS
    TO SAINT-PIERRE-ET-MIQUELON
    Chapter Ier
    General


    L. 511-1
    For the application in Saint-Pierre-et-Miquelon of this code (Legislative part), read:
    1 ° " Superior court of appeal " Instead of: " Court of appeal " ;
    2 ° " Court of first instance " Instead of: " Court of high instance " Or: " Instance court " ;
    3 ° " Chairman of the Superior Court of Appeal " Instead of: " First president of the Court of Appeal " ;
    4 ° " Attorney of the Republic near the Superior Court of Appeal " Instead of: " Attorney General of the Court of Appeal " And of: " Attorney of the Republic near the High Court ".


    Chapter II
    Judicial functions


    L. 512-1
    Judicial functions in Saint-Pierre-et-Miquelon are exercised:
    1 ° Magistrates of the judiciary;
    2 ° By assessors in the Superior Court of Appeal and the Criminal Court;
    3 ° By alternates of the prosecutor of Republic.
    L. 512-2
    Persons who are called upon to exercise one of the judicial functions referred to in 2 ° and 3 ° of Article L. 512-1 shall be chosen from among persons of French nationality, over twenty-three years of age, enjoying civil rights, civil rights And family and providing guarantees of competence and impartiality.
    L. 512-3
    The assessors in the Superior Court of Appeal and the Substitutes of the Public Prosecutor are appointed for two years by the custody of the seals, Minister of Justice
    Superior of appeal, after notice by the Public Prosecutor.
    Substitutes shall be appointed on the proposal of the Public Prosecutor, after the opinion of the President of the High Court of Appeal.
    Before taking office, the assessors and the Substitutes for the prosecutor of the Republic lend before the court Above the oath provided for in Article 6 of Order No. 58-1270 of 22 December 1958 on the Organic Law on the Status of the Judiciary
    512-4
    The assessors of the High Court of Appeal and the alternates of the Public Prosecutor may, before the expiry of the two-year period provided for in Article L. 512-3, be relieved of their duties, by order of the custody of the seals,
    assessors in the higher court of appeal may, in the event of serious misconduct or probity, be relieved of their duties prior to the expiry of the two-year period provided for in the article. L. 512-3, by decision of the first President of the Court of Appeal of Paris, after having been Invited and retained to submit their comments. They may, in the same manner, at the request of the Chairman of the Superior Court of Appeal, be declared to have resigned when, without any legitimate reason, they have failed to refer to more than two successive summonses
    The prosecutor of the Republic may, in the case of serious misconduct entaring the honour or probity, be relieved of their duties, before the expiry of the two-year period provided for in Article L. 512-3, by the custody of the seals, the Minister of Justice, After having been summoned and asked to submit their observations. They may, in the same way, at the request of the prosecutor of the Republic, be declared to have resigned when, without lawful reason, they have refrained from referring to more than two successive summonses. In the same manner and in the same manner, their functions may also be terminated for the purposes of the service.
    In all cases, the opinion of the President of the Superior Court of Appeal and that of the Public Prosecutor is Necessary when the decision is not made on their application.


    Chapter III
    Courts
    Section 1
    The first instance court


    L. 513-1
    The court of first instance is aware of all cases for which jurisdiction is not assigned to another jurisdiction
    513-2
    The Court of First Instance is a single judge.
    L. 513-3
    In the event of a vacancy in the courts of first instance, absence, incapacity or legal incompatibility, the functions of a judge in that court shall be exercised by the President of the Superior Court Call.
    L. 513-4
    I. -If, for one of the reasons set out in Article L. 513-3, the President of the High Court of Appeal cannot intervene, the functions of the Magistrate of the Court of First Instance shall then be carried out by a judge of the seat designated by the first President of the Paris Court of Appeal on a list drawn up by him for each calendar
    . -Where the appearance of the magistrate providing the replacement is not physically possible, either within the time limits prescribed by law or within the time limits required by the nature of the case, the hearing shall be presided over by that judge from another point Of the territory of the Republic, the latter connected, on-line, to the courtroom, by means of an audiovisual communication.
    The procedures for the application of the preceding paragraph shall be fixed by decree in the Council of State
    513-5
    The President of the Court of First Instance performs the duties of a Children's Judge.


    Section 2
    The High Court of Appeal


    L. 513-6
    The High Court of Appeal, acting in a collegiate capacity, shall consist of a President, a judge of the seat, and the assessors chosen from among the persons referred to in Article L. 512-2
    513-7
    In the event of vacancy, absence, incapacity or legal incompatibility, the functions of the President of the Superior Court of Appeal shall be exercised by the President of the Court of First Instance or, failing that, by a judge of that Court.
    L. 513-8
    I. -If, for one of the reasons set out in Article L. 513-7, no judge of the seat of the court of first instance can replace the President of the Superior Court of Appeal, his or her functions shall be performed by a judge of the seat designated by the First president of the Paris Court of Appeal on a list drawn up by him for each calendar
    . -Where the appearance of the magistrate providing the replacement is not physically possible, either within the time limits prescribed by law or within the time limits required by the nature of the case, the hearing shall be presided over by the magistrate from another point Of the territory of the Republic, the latter connected, on-line, to the courtroom, by means of an audiovisual communication.
    When the hearing is collegial, by way of derogation from the provisions of Article L. 513-6, the formation of Judgment shall consist of judges, appearing on the list provided for in the preceding paragraph, The
    for the application of the two preceding paragraphs shall be laid down by decree in the Council of State
    513-9
    The President of the Superior Court of Appeal is the Child Protection Officer.
    L. 513-10
    The Public Prosecutor of the Republic near the High Court of Appeal may, in all matters, exercise the Public Prosecutor's Office before all courts of the first degree established within its
    . 513-11
    In case of impediment, whatever the cause, the public prosecutor is replaced by one of its substitutes.


    TITLE II
    RULES APPLICABLE TO MAYOTTE
    Chapter I
    Provisions General


    L. 521-1
    Book I of this Code applies to Mayotte.
    L. 521-2
    For the purposes of the provisions extended by this title to Mayotte, read:
    1 ° " Superior court of appeal " Instead of: " Court of appeal " ;
    2 ° " Court of first instance " Instead of: " Court of high instance " And of: " Instance court " ;
    3 ° " Chairman of the Superior Court of Appeal " Instead of: " First president of the Court of Appeal " ;
    4 ° " Attorney of the Republic near the Superior Court of Appeal " Instead of: " Attorney General " ;
    5 ° " Prosecutor of the Republic near the court of first instance " Instead of: " Public Prosecutor ".


    Chapter II
    Courts
    Section 1
    The Court of First Instance


    L. 522-1
    A Mayotte, the first instance court is called the first instance court.
    L. 522-2
    The Court of First Instance shall be aware of all cases falling within the common law for which jurisdiction is not attributed, by reason of the nature of the application, to another jurisdiction
    522-3
    The court of first instance has exclusive jurisdiction in matters determined by laws and regulations
    522-4
    The Court of First Instance exercises the powers devolved to the Court of
    . 522-5
    In civil, commercial and social security matters, the Court of First Instance shall act as a single judge.
    However, the court seised may order the referral to the collegial body of the court
    522-6
    When deciding on a college course, the Court of First Instance shall be composed of a judge of the seat, the presiding judge of the court, and the assessors chosen from among the persons mentioned in Article L. 522-20
    522-7
    Articles L. 522-21 and L. 522-23 to L. 522-26 are applicable to the court of first instance, subject to the following adaptations:
    1 ° For the purposes of Article L. 522-21, the list of assessors shall be adopted on the proposal of the President of the High Court of Appeal after the opinion of the Public Prosecutor and the President of the Court of First Instance;
    2 ° The application of Article L. 522-23, the alternate assessor shall be appointed, in the order of the list, by the President of the Court of First Instance;
    3 ° For the application of Article L. 522-26, the resignation or lapse of the assessors Holders or substitutes shall be pronounced by the High Court of Appeal, At the request of the President of the Court of First Instance or the Public Prosecutor's
    . 522-8
    In the event of absence or incapacity, the judges of the seat of the court of first instance may be replaced by an appointed assessor, in the order of the list, by order of the President of the Court of First Instance or, Failure of such a designation, by the incumbent assessor not prevented the oldest.
    L. 522-9
    The duties of an assessor in the Court of First Instance are incompatible with those of an assessor in the Superior Court of Appeal or the Children's
    . 522-10
    The rules on jurisdiction, the organisation and operation of the courts for the investigation and judgment in criminal matters are laid down in the criminal procedure provisions applicable to Mayotte.


    Section 2
    The High Court of Appeal


    L. 522-11
    There is a superior court of appeal in Mayotte
    522-12
    The Superior Court of Appeal is familiar with the appeal of the judgments delivered first by the courts established in Mayotte and the appeals referred to in Article L. 311-3.
    L. 522-13
    Superior Court of Appeal adjudicates collegial training.
    L. 522-14
    The collegial training of the Superior Court of Appeal consists of a president and judges of the seat
    522-15
    The provisions of Article L. 312-6 relating to the protection of children shall apply to Mayotte.
    For the purposes of Article L. 312-6, the President of the High Court of Appeal shall act as a delegate to protection Of childhood. However, the President of the Superior Court of Appeal may, by order, designate a judge of the seat of his or her jurisdiction to perform those functions
    522-16
    The rules governing the jurisdiction, organisation and operation of the courts for investigating and adjudicatory matters in criminal matters are laid down in the criminal procedure provisions applicable to Mayotte
    522-17
    In the event of absence or incapacity, the President of the High Court of Appeal shall be replaced, for the purposes of the service, by a judge of the seat of the higher court of appeal or, failing that, by the President of the Court of First Instance Instance.
    L. 522-18
    In the event of absence or incapacity, the judges of the headquarters of the High Court of Appeal, with the exception of the President of that court, are replaced, for the purposes of the service, by judges of the seat of the Court of First Instance Instance.
    L. 522-19
    Where the Superior Court of Appeal cannot be composed in accordance with Articles L. 522-14 and L. 522-18, it shall be supplemented by assessors appointed by order of the President of the Superior Court of Appeal
    522-20
    The incumbent and alternate assessors are selected, for a term of two years, among persons of French nationality, over twenty-three years of age, enjoying civil, civil and family rights and presenting guarantees Of competence and impartiality.
    L. 522-21
    Prior to the expiration of the duties of the current assessors, the custody of the seals, Minister of Justice, adopts the list of the incumbent and alternate assessors.
    The assessors are selected on the proposal of the President of the Court After the opinion of the public prosecutor.
    L. 522-22
    The assessors appointed to replace the judges of the headquarters of the Superior Court of Appeal pursuant to Article L. 522-19 shall be appointed in the order of the list of assessors provided for in Article L. 522-21
    522-23
    Where an incumbent assessor is absent or prevented, he shall be replaced by one of his alternates called in the order of the list of assessors provided for in Article L. 522-21
    522-24
    Before taking office, the incumbent and alternate assessors shall take the oath before the Superior Court of Appeal under Article 6 of Order No. 58-1270 of 22 December 1958 on the Organic Law on the Status of the Magistrates
    L. 522-25
    The assessors remain in office until their successors are installed. However, the extension of their duties may not exceed two months.
    L. 522-26
    Incumbent or substitute assessors who, without lawful reason, have failed to refer to several successive summonses, may, at the request of the Chairman of the High Court of Appeal or the Public Prosecutor, after having been Summoned and able to submit their observations, be declared resigning by the custody of the seals, Minister of Justice.
    In the event of serious misconduct of honour or probity, their forfeiture shall be pronounced in the same Forms.
    L. 522-27
    The duties of an assessor in the Superior Court of Appeal are incompatible with those of an assessor in the court of first instance or children's court.


    Section 3
    District Court


    L. 522-28
    There is a local jurisdiction in Mayotte.
    L. 522-29
    In civil matters, the local court is aware of personal shares of which it is seized by a natural person for the purposes of his non-professional life, up to the value of EUR 250 or of a value Indeterminate but which have the origin of the performance of an obligation not exceeding EUR 250.
    It shall have procedures for the order to pay or to make, under the conditions laid down in the first paragraph
    The same conditions, with a view to giving it enforceability, of the application for approval The finding of agreement entered into by the parties, following a preliminary attempt at conciliation pursuant to Article 21 of Act No. 95-125 of 8 February 1995 on the organisation of the courts and civil, criminal and civil proceedings, Administrative.
    L. 522-30
    Where, in civil matters, the local court is faced with a serious legal difficulty relating to the application of a rule of law or the interpretation of the contract between the parties, it may, at the request of a party or ex officio, After obtaining the opinion, as the case may be, of the other or both parties, refer the case back to the Court of First Instance, which shall act as a local
    . 522-31
    The local court rules a single judge.
    L. 522-32
    In the event of the absence or incapacity of the local judge, or where the number of local judges is insufficient, the functions of that judge shall be exercised by a judge of the court of first instance appointed for that purpose by the President The
    of the court of first instance shall, however, exercise the full right, in that capacity, to the functions of a local judge when no local judge has been assigned to the local court.


    Section 4
    Juvenile jurisdictions


    L. 522-33
    The provisions of Title V of Book II (Legislative Part) relating to the courts of minors shall apply to Mayotte
    522-34
    The duties of an assessor in the Children's Court are incompatible with those of an assessor in the Superior Court of Appeal or the Court of First Instance.


    Section 5
    Criminal Court


    L. 522-35
    There is a criminal court in Mayotte
    522-36
    The rules on jurisdiction, the organisation and functioning of the criminal court, as well as those relating to the public prosecutor's office, are laid down in the criminal procedure provisions applicable to Mayotte.


    Chapter III
    Registry


    L. 523-1
    Service of the Registries of the Superior Court of Appeal and the Court of First Instance shall be provided by officials of the State or, where permitted by law or regulation, by officials of the officials Territorial or territorial agents.


    TITLE III
    PROVISIONS APPLICABLE TO WALLIS-ET-FUTUNA
    Chapter I
    General


    L. 531-1
    Book I of this code is applicable to Wallis and Futuna.
    L. 531-2
    For the purposes of the provisions extended by this Title to Wallis and Futuna, it is necessary to read: Court of first instance " Instead of: " Court of high instance " And of: " Court of Instance ".


    Chapter II
    Courts
    Section 1
    The Court of First Instance


    L. 532-1
    A Wallis and Futuna, the first instance court is called the first instance
    . 532-2
    The provisions of Article L. 211-12 are applicable to Wallis and Futuna
    532-3
    The rules relating to the jurisdiction, organisation and operation of the Correctional Court and the Police Court and those relating to the Public Prosecutor's Office shall be laid down in the provisions of this Title And by the provisions of criminal procedure applicable to Wallis and Futuna
    532-4
    The Court of First Instance shall be aware of all cases for which jurisdiction is not assigned, by reason of the nature of the application, to another jurisdiction
    532-5
    The Court of First Instance has exclusive jurisdiction in matters determined by laws and regulations
    532-6
    The Court of First Instance exercises the powers devolved to the Court of
    . 532-7
    In civil and commercial matters, the Court of First Instance shall act as a single judge.
    However, the court seised may order the referral to the collegial body of the court
    532-8
    When deciding on a college diploma, the court of first instance shall be composed of a judge of the seat, the presiding judge of the court, and of the assessors chosen, for a period of two years, among persons of French nationality, elderly Over twenty-three years, enjoying civil, civil and family rights and providing guarantees of competence and impartiality
    532-9
    Prior to the expiration of the duties of the incumbent assessors, the custody of the seals, Minister of Justice, shall list the incumbent and alternate assessors.
    The assessors shall be selected on the proposal of the first President of the Court An appeal after the opinion of the Attorney General and the General Assembly of the Court of Appeal. A decree of the Council of State shall lay down the detailed rules for the application of this Article
    532-10
    If the number of candidates meeting the conditions laid down in Article L. 532-8 is not sufficient to establish the list of the incumbent and alternate assessors, the Court of First Instance shall act without assessor
    532-11
    Where an incumbent assessor is absent or prevented, he shall be replaced by one of his alternates called in the order of the list of assessors provided for in Article L. 532-9
    532-12
    Before taking office, the incumbent and alternate assessors shall, before the Court of Appeal, take the oath provided for in Article 6 of Order No. 58-1270 of 22 December 1958 on the Organic Law on the Status of the Magistrates
    L. 532-13
    Subject to the application of Article L. 532-10, the assessors shall remain in office until their successors are installed. However, the extension of the duties of an assessor may in no case exceed a period of two months
    532-14
    Incumbent or substitute assessors who, without lawful reason, have failed to refer to several successive summonses, may, at the request of the President of the Court of First Instance or the Public Prosecutor, after having been Summoned and able to submit their observations, to be declared resigning by the Court of Appeal, acting in the Board of the Board.
    In the event of serious misconduct of honour or probity, their disqualification shall be pronounced in the same Forms.
    L. 532-15
    Where, due to the absence or incapacity of an incumbent assessor and his alternates, the normally competent training cannot be legally composed and the course of justice is interrupted, the Court of Appeal, on Request submitted by the Attorney General, finds that it is impossible for the training to meet in the composition provided for in Article L. 532-8 and refers the knowledge of the case to the formation acting without assessor
    532-16
    The President of the Court of First Instance performs the functions of examining magistrate under the conditions laid down in the provisions of criminal procedure applicable to Wallis and Futuna
    532-17
    In the event of incapacity or when, in criminal matters, he participated in the investigation of the case, the President of the Court of First Instance shall be replaced, by order of the first President, by a judge of the seat belonging to the spring The Court of Appeal.
    L. 532-18
    In the event of incapacity, the Public Prosecutor shall be replaced by a Magistrate of the Public Prosecutor's Office and appointed by the Prosecutor General.


    Section 2
    The jurisdiction of Proximity


    L. 532-19
    There is a local jurisdiction in Wallis and Futuna.
    L. 532-20
    In civil matters, the local court is aware of personal shares of which it is seized by a natural person for the purposes of his non-professional life, up to the consideration in local currency of the sum of EUR 1 500 or of an undetermined value but which originates from the execution of an obligation the amount of which does not exceed the consideration in local currency of the sum of EUR 1 500.
    It has procedures for the order to pay or to make, Under the conditions laid down in the first paragraph.
    L. 532-21
    Where, in civil matters, the local court is faced with a serious legal difficulty relating to the application of a rule of law or the interpretation of the contract between the parties, it may, at the request of a party or ex officio, After obtaining the opinion, as the case may be, of the other or both parties, refer the case back to the Court of First Instance, which shall act as a local
    . 532-22
    In criminal matters, the rules concerning the jurisdiction and functioning of the local court and those relating to the public prosecutor's office are laid down in Article 706-72 of the Code of Criminal Procedure and, In respect of minors, by Article 21 of Ordinance No. 45-174 of 2 February 1945 on juvenile delinquency, in their drafting prior to Act No. 2005-47 of 26 January 2005 on the jurisdiction of the Court of Instance, of the Local jurisdiction and the court of large instance.
    L. 532-23
    The local court rules a single judge.
    L. 532-24
    In the event of the absence or incapacity of the local judge, or where the number of local judges is insufficient, the functions of that judge shall be exercised by a judge of the court of first instance appointed for that purpose by the President The
    of the court of first instance shall, however, exercise the full right, in that capacity, to the functions of a local judge when no local judge has been assigned to the local court.


    Section 3
    Juvenile jurisdictions


    L. 532-25
    The provisions of Title V of Book II (Legislative part) relating to the courts of minors are applicable to Wallis and Futuna
    532-26
    Children's judge functions are performed by the President of the Court of First Instance.


    Section 4
    The Assize Court


    L. 532-27
    It is held in Mata-Utu.
    L. 532-28
    The rules on jurisdiction, the organisation and functioning of the Court of Assizes and those relating to the Public Prosecutor's Office are laid down in the criminal procedure provisions applicable to the Wallis and Futuna.


    Chapter III
    Registry


    L. 533-1
    Service of the registries of the court of first instance and of the local court shall be provided by officials of the State or, where permitted by law or regulation, by officials of the officials Territorial or territorial agents.


    TITLE IV
    PROVISIONS APPLICABLE TO FRENCH
    AUSTRALES AND ANTARCTICS


    This title does not include legislation.


    TITLE V
    APPLICABLE
    TO LA FRENCH POLYNESIA
    Chapter I
    General


    L. 551-1
    Book I of this Code is applicable in French Polynesia
    551-2
    For the purposes of applying the provisions extended by this title to French Polynesia, read: " Court of first instance " Instead of: " Court of high instance " And of: " Court of Instance ".


    Chapter II
    Courts
    Section 1
    The Court of First Instance


    L. 552-1
    In French Polynesia, the court of first instance is called the court of first instance
    552-2
    The provisions of Article L. 211-12 apply in French Polynesia
    552-3
    The rules relating to the jurisdiction, organisation and operation of the Correctional Court and the Police Court and those relating to the Public Prosecutor's Office shall be laid down in the provisions of this Title And by the provisions of criminal procedure applicable in French Polynesia
    552-4
    The Court of First Instance shall be aware of all cases for which jurisdiction is not assigned, by reason of the nature of the application, to another jurisdiction
    552-5
    The court of first instance has exclusive jurisdiction in matters determined by laws and regulations
    552-6
    In civil matters, the Court of First Instance shall act as a single judge.
    However, the court seised may order the referral to the collegial body of the court
    552-7
    The collective training provided for in Article L. 552-6 is composed of a president and judges of the seat
    552-8
    Lawyers may be called, in the order of the table, to supplement the judges to complete the court of first instance.
    The trial court of the first instance cannot understand, in criminal matters, a majority Of non-professional
    . 552-9
    There is one or more investigating judges in the Court of First Instance. The rules concerning the conditions of appointment and the powers of the investigating judge are laid down in the criminal procedure provisions applicable in French Polynesia.


    Section 2
    The Court of Appeal


    L. 552-10
    The provisions of Articles L. 311-1, L. 311-3, L. 312-2 and L. 312-7 relating to the Court of Appeal are applicable in French Polynesia.
    The provisions of Articles L. 311-9 and L. 312-6 relating to the protection of children are Applicable in French Polynesia.
    L. 552-11
    Lawyers may be called, in the order of the table, to supplement counsel to complete the court of appeal.
    Court of Appeal judgment may not include, in criminal matters, a majority of judges not Professionals.
    L. 552-12
    The rules on the competence, organisation and functioning of the Chamber of Correctional Appeals and the Chamber of Education, as well as those relating to the Public Prosecutor's Office, shall be fixed by the Provisions of this Title and the provisions of criminal procedure applicable in French Polynesia.


    Section 3
    Local jurisdiction


    L. 552-13
    There is a local jurisdiction in French Polynesia.
    L. 552-14
    In civil matters, the local court is aware of personal shares of which it is seized by a natural person for the purposes of his non-professional life, up to the consideration in local currency of the sum of EUR 1 500 or of an undetermined value but which originates from the execution of an obligation the amount of which does not exceed the consideration in local currency of the sum of EUR 1 500.
    It has procedures for the order to pay or to make, Under the conditions laid down in the first paragraph.
    L. 552-15
    Where, in civil matters, the local court is faced with a serious legal difficulty relating to the application of a rule of law or the interpretation of the contract between the parties, it may, at the request of a party or ex officio, After obtaining the opinion, as the case may be, of the other or both parties, refer the case back to the Court of First Instance, which shall act as a local
    . 552-16
    In criminal matters, the rules concerning the jurisdiction and functioning of the local court and those relating to the public prosecutor's office are laid down in Article 706-72 of the Code of Criminal Procedure and, In respect of minors, by Article 21 of Ordinance No. 45-174 of 2 February 1945 on juvenile delinquency, in their drafting prior to Act No. 2005-47 of 26 January 2005 on the jurisdiction of the Court of Instance, of the Local jurisdiction and the court of large instance.
    L. 552-17
    The local court rules a single judge.
    L. 552-18
    In the event of the absence or incapacity of the local judge, or where the number of local judges is insufficient, the functions of that judge shall be exercised by a judge of the court of first instance appointed for that purpose by the President The
    of the court of first instance shall, however, exercise the full right, in that capacity, to the functions of a local judge when no local judge has been assigned to the local court.


    Section 4
    Juvenile jurisdictions


    L. 552-19
    The provisions of Title V of Book II (Legislative Part) relating to the courts of minors are applicable in French Polynesia.


    Section 5
    The sitting yard


    L. 552-20
    The foundation is held in Papeete.
    L. 552-21
    The rules on jurisdiction, the organisation and functioning of the Court of Assizes and those relating to the Public Prosecutor's Office are laid down in the provisions of criminal procedure applicable in Polynesia. French.


    Chapter III
    Registry


    L. 553-1
    The service of the registries of the Court of Appeal, the court of first instance and the court of proximity shall be provided by officials of the State or, where permitted by law or regulation, by Territorial officials or territorial officials.


    TITLE VI
    RULES APPLICABLE
    TO THE NEW CALEDONATION
    Chapter I
    General


    L. 561-1
    The first book of this code is applicable in New
    . 561-2
    For the purposes of the provisions extended by this title to New Caledonia, read: " Court of first instance " Instead of: " Court of high instance " And of: " Court of Instance ".


    Chapter II
    Courts
    Section 1
    The Court of First Instance


    L. 562-1
    In New Caledonia, the first instance court is called the first instance
    . 562-2
    The provisions of Article L. 211-12 apply in New
    . 562-3
    The rules on jurisdiction, the organisation and functioning of the Correctional Court and the Police Court, and those relating to the Public Prosecutor's Office, are laid down in the provisions of this Title And by the provisions of criminal procedure applicable in New
    . 562-4
    The Court of First Instance is aware of all cases for which jurisdiction is not attributed, by reason of the nature of the application, to another jurisdiction
    562-5
    The Court of First Instance has exclusive jurisdiction in matters determined by laws and regulations
    562-6
    In civil matters, the Court of First Instance shall act as a single judge.
    However, the court seised may order the referral to the collegial body of the court
    562-7
    The college training provided for in Article L. 562-6 is composed of a president and judges of the seat
    562-8
    Lawyers may be called, in the order of the table, to supplement the judges to complete the court of first instance.
    Court of first instance judgment may not include, in criminal matters, a majority Of non-professional
    . 562-9
    In matters relating to tort, collective training is supplemented by assessors with deliberative
    . 562-10
    The incumbent and alternate assessors are selected, for a term of two years, among persons of French nationality, over twenty-three years of age, enjoying civil, civil and family rights and presenting guarantees Of competence and impartiality.
    L. 562-11
    Prior to the expiration of the duties of the incumbent assessors, the custody of the seals, Minister of Justice, adopts the list of the incumbent and alternate assessors.
    The assessors are selected on the proposal of the first President of the Court An appeal after the opinion of the Attorney General and the General Assembly of the Court of Appeal. A decree of the Council of State shall lay down the detailed rules for the application of this Article
    562-12
    If the number of candidates meeting the conditions laid down in Article L. 562-10 is not sufficient to establish the list of the incumbent and alternate assessors, the Court shall act without assessor
    562-13
    Where an incumbent assessor is absent or prevented, he shall be replaced by one of his alternates called in the order of the list of assessors provided for in Article L. 562-11
    562-14
    Prior to taking office, the incumbent and alternate assessors shall take the oath before the Court of Appeal under Article 6 of Order No. 58-1270 of 22 December 1958 on the Organic Law relating to the Status of the Magistrates
    L. 562-15
    Subject to the application of Article L. 562-12, the assessors shall remain in office until their successors are installed. However, the extension of the duties of an assessor may in no case exceed a period of two months
    562-16
    The incumbent or substitute assessors who, without any legitimate reason, have failed to refer to several successive summonses, may, at the request of the President of the Court of First Instance or the Public Prosecutor, after having been Summoned and able to submit their observations, to be declared resigning by the Court of Appeal, acting in the Board of the Board.
    In the event of serious misconduct of honour or probity, their disqualification shall be pronounced in the same Forms.
    L. 562-17
    When, due to the absence or incapacity of an incumbent assessor and his alternates, the normally competent training cannot be legally composed and the course of justice is interrupted, the Court of Appeal, on Request submitted by the Attorney General, finds that it is impossible for the training to meet in the composition provided for in Article L. 562-9 and refers the knowledge of the case to the formation acting without an assessor
    562-18
    There is one or more investigating judges in the Court of First Instance. The rules concerning the conditions of appointment and the powers of the investigating judge are laid down in the provisions of criminal procedure applicable in French Polynesia
    562-19
    Challenges between citizens of a particular civil status on matters governed by that status may be directly brought, on the initiative of any of the parties, before the court of first instance
    562-20
    When the court of first instance has before it the disputes referred to in article L. 562-19, it is supplemented by customary assessors, in even number.
    The assessors have deliberative voting.
    L. 562-21
    The assessors are chosen from among persons of French nationality, special civil status, over twenty-five years of age, with guarantees of competence and impartiality.
    A list consisting of assessors of Every custom is established every two years, by the General Assembly of the Court of Appeal, on the proposal of the Attorney General
    562-22
    The assessors who are called upon to complete the formation of judgment shall be appointed by order of the President of the court in such a way that the custom of each party is represented by at least one assessor
    Assessors of the same custom shall be called in the order of their registration on the list provided for in Article L. 562-21.
    L. 562-23
    Before taking office, the customary assessors take the oath before the court of appeal under Article 6 of Order No. 58-1270 of 22 December 1958 on the Organic Law on the Status of the Judiciary
    562-24
    Citizens of special status may jointly claim before the court of first instance the application to their dispute of the rules of common law relating to the composition of the court.


    Section 2
    The Court of Appeal


    L. 562-25
    The provisions of Articles L. 311-1, L. 311-3, L. 312-2 and L. 312-7 relating to the Court of Appeal are applicable in New Caledonia.
    The provisions of Articles L. 311-9 and L. 312-6 relating to the protection of children are Applicable in New Caledonia.
    L. 562-26
    Lawyers may be called, in the order of the table, to supplement counsel to complete the court of appeal.
    Court of Appeal judgment cannot include, in criminal matters, a majority of lawyers
    562-27
    The rules on the competence, organisation and functioning of the Chamber of Correctional Appeals and the Chamber of Education, as well as those relating to the Public Prosecutor's Office, are fixed by the Provisions of this Title and the provisions of criminal procedure applicable in New
    . 562-28
    When the Court of Appeal has before it disputes between citizens of a particular civil status on matters governed by that Statute, it is completed, in accordance with Articles L. 562-20 to L. 562-23 by civil status assessors An even number, which did not know the case at first instance.
    The assessors have deliberative voting.


    Section 3
    The local jurisdiction


    L. 562-29
    There is a local jurisdiction in New
    . 562-30
    In civil matters, the local court is aware of personal shares of which it is seized by a natural person for the purposes of his non-professional life, up to the consideration in local currency of the sum of EUR 1 500 or of an undetermined value but which originates from the execution of an obligation the amount of which does not exceed the consideration in local currency of the sum of EUR 1 500.
    It has procedures for the order to pay or to make, Under the conditions laid down in the first paragraph.
    L. 562-31
    Where, in civil matters, the local judge is faced with a serious legal difficulty relating to the application of a rule of law or the interpretation of the contract between the parties, he may, at the request of a party or ex officio, After obtaining the opinion, as the case may be, of the other or both parties, refer the case back to the Court of First Instance, which shall act as a local
    . 562-32
    In criminal matters, the rules concerning the jurisdiction and functioning of the local court and those relating to the public prosecutor's office are laid down in Article 706-72 of the Code of Criminal Procedure and, In respect of minors, by Article 21 of Ordinance No. 45-174 of 2 February 1945 on juvenile delinquency, in their drafting prior to Act No. 2005-47 of 26 January 2005 on the jurisdiction of the Court of Instance, of the Local jurisdiction and the court of large instance.
    L. 562-33
    The local court rules a single judge.
    L. 562-34
    In the event of the absence or incapacity of the local judge or where the number of local judges is insufficient, the functions of that judge shall be exercised by a judge of the court of first instance, appointed for that purpose by the President The
    of the court of first instance shall, however, exercise the full right, in that capacity, to the functions of a local judge when no local judge has been assigned to the local court.


    Section 4
    Juvenile jurisdictions


    L. 562-35
    The provisions of Title V of Book II (Legislative Part) relating to juvenile jurisdictions are applicable in New Caledonia.


    Section 5
    The Assize Court


    L. 562-36
    It is based in Nouméa.
    L. 562-37
    The rules on jurisdiction, the organisation and functioning of the Court of Assizes and those relating to the Public Prosecutor's Office are laid down in the provisions of criminal procedure applicable in New Caledonia.


    Chapter III
    Registry


    L. 563-1
    Service of the Registries of the Court of Appeal, the court of first instance and the court of proximity shall be provided by officials of the State or, where permitted by law or regulation, by Territorial officials or territorial officials.


    A N N E X E I I
    CODE OF COMMERCE
    BOOK VII
    OF TRADE JURISDICTIONS
    AND THE ORGANIZATION OF COMMERCE
    TITLE I
    OF THE NETWORK OF
    AND INDUSTRY CHAMBERS


    L. 710-1
    The network of chambers of commerce and industry consists of chambers of commerce and industry, of the regional chambers of commerce and industry, of the inter-consular groups which may form several chambers between them and The assembly of French Chambers of Commerce and Industry. It shall contribute to the economic development of the territories, enterprises and their associations by fulfilling in favour of economic operators, under conditions laid down by decree, public service missions, missions of general interest and, On its own initiative, missions of collective interest. The institutions which compose it have, in accordance with their respective powers, with the public authorities, a function of representing the interests of industry, trade and services, without prejudice to the missions of representation To professional or inter-professional organisations by legislative or regulatory provisions.
    These establishments are public establishments governed by the State and administered by leaders Of elected undertakings. Their resources are derived from the impositions allocated to them, the sale or remuneration of their activities or the services they manage, dividends and other proceeds from their holdings in their subsidiaries, of the Grants, gifts and bequests, and any other legal resources in their specialty.
    Under conditions defined by Order in Council, they may compromise and compromise. They are subject, for their debts, to the provisions of Act No. 68-1250 of 31 December 1968 on the prescription of claims on the State, departments, municipalities and public
    . To participate in the creation and capital of civil societies and stock companies whose social object falls within the scope of their competence.


    Chapter I
    Of the organisation and missions of the
    network of chambers of commerce and industry
    Section 1
    Rooms of Commerce and industry


    L. 711-1
    The Chambers of Commerce and Industry are created by an Order in Council that sets out, among other things, their electoral districts and their seats. Any changes are made in the same forms.
    L. 711-2
    The chambers of commerce and industry represent the interests of industry, commerce and the services of their constituency with the public authorities.
    As such:
    1 ° They are consulted by the State on regulations relating to commercial uses;
    2 ° They can be consulted by local authorities and their public institutions on their economic development projects, Creation of infrastructure and support schemes for enterprises and their projects in the field of vocational training;
    3 ° They can also be consulted by the State, the local authorities and their institutions Public on any matter relating to industry, trade, Services, economic development, vocational training, land use planning and the environment of interest to their constituency. They may, on their own initiative, issue opinions and wishes on the same issues;
    4 ° In the conditions specified in Article L. 121-4 of the urban planning code, they are associated with the development of the coherence schemes And local town planning plans and may, at their initiative, carry out the documents necessary for the preparation of the estimated commercial organisation
    . 711-3
    The Chambers of Commerce and Industry have a service mission to the industrial, commercial and service companies in their constituency.
    For the purpose of this mission, they create and manage Enterprises and provide them with all information and advice useful for their development.
    They can also create and directly provide other advice and assistance to enterprises, in accordance with the law Competition and subject to the holding of an accounting Analytical.
    L. 711-4
    Chambers of Commerce and Industry contribute to the economic development of the territory.
    As such:
    1 ° They may, for reasons of general interest or in the event of a lack of private initiative, ensure the control of work or the control of the work of any infrastructure or equipment project and manage any service The exercise of their missions;
    2 ° They may also receive delegation from the State, local authorities and their public institutions to create or manage any equipment, infrastructure or service of interest to the exercise of Their missions. In particular, they may be entrusted, in this context, with public service delegations in respect of airports, seaports and inland waterways.
    Except where appropriate, for services corresponding to a public service delegation, These missions are carried out within the framework of separate legal structures under conditions laid down by decree.
    For the production of commercial equipment, the chambers of commerce and industry may be delegated the right of Urban preemption and be holders or delegates of the right of preemption instituted In deferred development areas.
    L. 711-5
    Chambers of Commerce and Industry may establish and administer, on a principal basis or in association with other partners, any vocational training establishment, initial or continuing, under the conditions set out in the Articles L. 443-1 and L. 753-1 of the code of education and, for continuing education, in accordance with the law of competition and subject to the maintenance of analytical accounting.
    They may, in conjunction with professional organisations, create Training insurance funds under the conditions set out in Section L. 961-10 of the Labour Code.


    Section 2
    Regional
    of Commerce and Industry


    L. 711-6
    Regional chambers of commerce and industry are created by a decree that sets out, among other things, their electoral districts and their seats. Any changes are made in the same forms.
    L. 711-7
    The regional chambers of commerce and industry shall represent the interests of industry, trade and services to the public authorities in respect of any matter whose scope exceeds the competence of one of their chambers. Electoral district.
    As such:
    1 ° They are consulted by the regional council on the regional economic development scheme and, more generally, on any assistance arrangements for enterprises whose region envisages creation;
    2 ° They can also be Consulted by the State, by the bodies of the region and by other local authorities or by their public institutions on any matter relating to industry, trade, services, economic development, training Work, spatial planning and the environment in their Region, provided that the scope of this question exceeds the jurisdiction of one of the chambers of their constituency; they may, on their own initiative, issue opinions and wishes on the same issues;
    3 ° They are associated with the development The regional planning and development plan for the territory and the regional development plan for vocational
    . 711-8
    The regional chambers of commerce and industry are responsible for facilitating the network of chambers of commerce and industry in their constituency.
    As such:
    1 ° They shall ensure the consistency of the actions and opinions of the chambers of commerce and industry in their constituency;
    2 ° They establish, under conditions laid down by decree in the Council of State, a master plan which defines the Consular network in their electoral districts taking into account the economic viability, operational justification and proximity of voters; and
    3 ° develop sectoral schemes in areas defined by
    . 711-9
    Regional Chambers of Commerce and Industry shall ensure that nationals of the Chambers of Commerce and Industry of their constituency, services and services are made available, the nature and terms of which are fixed by Decree.
    They may also create, direct or coordinate advice and assistance to undertakings and vocational training activities in excess of the competence of one of the chambers of commerce and Industry in their electoral district or in a group of several of them.
    L. 711-10
    The regional chambers of commerce and industry contribute to the economic animation of the regional territory.
    As such:
    1 ° They can provide for their own missions, for reasons of general interest or Lack of a private initiative, the implementation of any economic development project. They may also be delegated by the State, acting on its own behalf or on behalf of the European Union, the region and other local authorities and their public institutions;
    2 ° They may also receive delegation The State, acting on its own behalf or on behalf of the European Union, the region and other local authorities and their public establishments, to create or manage equipment, infrastructure or services. They may, in particular, be entrusted to public service delegations in respect of airports, seaports and inland waterways.
    Except where appropriate, for services corresponding to a public service delegation, these Missions are carried out within the framework of separate legal structures, under conditions defined by decree.


    Section 3
    The Assembly of French
    of Commerce and Industry


    L. 711-11
    The assembly of the French Chambers of Commerce and Industry represents, with the State and the European Union as well as at international level, the national interests of industry, trade and services
    Gives advice either at the request of the public authorities or on its own initiative on all matters relating to industry, trade, services, economic development, vocational training, spatial planning and Environment.
    L. 711-12
    The assembly of the French Chambers of Commerce and Industry provides animation for the entire network of chambers of commerce and industry.
    As such:
    1 ° It defines, in the form of specifications, intervention standards for network member institutions and ensures compliance with these standards;
    2 ° brings to the network its support in the technical, legal and technical fields Financial;
    3 ° It defines the general policy of the network in the management of the staff of the rooms and negotiates and signs the national social agreements applicable to the staff of the rooms;
    4 ° coordinates the actions of the Network with those of French chambers of commerce and industry abroad.


    Chapter II
    From the business administration of the
    network of chambers of commerce and industry


    L. 712-1
    In each public establishment of the network, the general assembly of elected members shall determine the guidelines and programme of action of the establishment. To this end, it shall deliberate on all matters relating to its subject matter, in particular the budget, the accounts and the rules of procedure. It may delegate to other jurisdictions the jurisdiction over its day-to-day administration and operation.
    The President is the legal representative of the institution. He is the authorising officer and is responsible for his management. He chairs the General Assembly and other deliberative bodies. A decree of the Council of State determines the conditions under which the provisions of article 7 of Act No. 84-834 of 13 September 1984 on the age limit in the public service and the public sector are applied. Treasurer's duties are exercised by a member of the General
    . 712-2
    It is provided for the ordinary expenses of the Chambers of Commerce and Industry by means of an additional tax on the professional
    . 712-3
    The chambers of commerce may allocate all or part of the surplus income from the management of their regular service to the establishment of a reserve fund in order to deal with urgent and unforeseen expenses. The amount of this reserve fund, which is mentioned in the accounts and budgets of this service to a special article, cannot, under any circumstances, be more than half of the total annual resources of that budget
    712-4
    A public establishment of the network of chambers of commerce and industry in the region which has not considered favourably to implement the master plan provided for in Article L. 711-8 or whose competent authority finds that it does not Complied with the provisions laid down in that scheme cannot take out
    . 712-5
    A regional Chamber of Commerce and Industry may, under conditions laid down by decree, abound the budget of a Chamber of Commerce and Industry in its electoral district in order to provide for exceptional expenditure or to face up to Special circumstances.
    L. 712-6
    Network institutions shall be required to appoint at least one auditor and one alternate selected from the list referred to in Article L. 822-1, who shall perform their duties under the conditions laid down in the provisions of the book The
    provided for in Article L. 242-8 shall apply to those officers who have not, each year, established a balance sheet, an income account and
    annex. 712-7
    The competent authority shall ensure the regular operation of the establishments of the network. It has the right to their deliberative bodies. Certain deliberations, in particular those referred to in Article L. 711-8, are subject to its approval under conditions laid down by
    . 712-8
    Where the estimates of an institution or budget carried out in the past year show a deficit not covered by the available surpluses, that compulsory expenditure has not been entered in the budget or Have not been authorised, or that serious malfunctions, jeopardising the financial balance of the institution, are recognised, the competent authority, after the application of an adversarial procedure, shall adopt the budget and may entrust to the Treasurer-General, Treasurer.
    L. 712-9
    Any elected member of a public institution of the network may be suspended or declared to have resigned ex officio by the competent authority, after adversarial proceedings, in the event of serious misconduct in the performance of his or her
    . Circumstances compromise the operation of an establishment, the competent authority may decide to suspend its proceedings and appoint a provisional committee.
    If necessary, it shall be resorted to the dissolution of the institutions by Decision by the competent authority.
    L. 712-10
    A decree of the Council of State lays down the conditions for the application of this Chapter, in particular the rules on the administrative and financial functioning of the institutions of the network and the arrangements for the supervision exercised by the network. The State.


    Chapter III
    Election of Members of the Chambers of Commerce
    and Industry and Consular Delegates
    Section 1
    Election of Members of Chambers of Commerce
    and Industry


    L. 713-1
    I. -Members of chambers of commerce and industry shall be elected for five years.
    A member of a Chamber of Commerce and Industry or of a regional Chamber of Commerce and Industry shall have no more than three terms of office as President of that Chamber. Chamber, regardless of the actual duration of these mandates.
    II. -Voters in elections for members of chambers of commerce and industry:
    1 ° A personal title:
    (a) Vendors registered in the Register of Trade and Companies in the District of the Chamber of Commerce and Industry, subject to the provisions of III of Article L. 713-2;
    (b) Business leaders registered in the trade register and registered in the register of trade and companies in the electoral district;
    (c) The spouses of the persons listed in a or the above Register of trade and companies that they collaborate on the activity of their spouses without Other professional activity;
    2 ° Through a representative:
    (a) Commercial corporations within the meaning of the second paragraph of Article L. 210-1 of this Code and the public industrial and commercial establishments whose registered office is situated in the electoral district;
    (b) In the electoral district of a secondary registration or secondary registration, unless exempted by the laws and regulations in force, the natural persons mentioned in the a and b of the 1 ° and the persons Legal entities referred to in the present 2 °, regardless of the electoral district in which the Persons exercising their own right to vote;
    (c) Commercial corporations whose registered office is located outside the national territory and which have in the electoral district of a registered establishment registered in the register of commerce and Companies.
    L. 713-2
    I. -The natural or legal persons referred to in Articles 1 and 2 of Article L. 713-1 of Article L. 713-1 shall, in respect of their head office and all their establishments situated in the constituency of the Chamber of Commerce and Industry:
    1 ° An additional representative, when employed in the Chamber of Commerce and Industry from ten to forty-nine employees;
    2 ° Two additional representatives, when employed in the Electoral district of fifty-one hundred and ninety-nine employees;
    3 ° Three additional representatives, when they employ two hundred to four hundred and ninety-nine employees in the electoral district; and
    4 ° 4 Additional representatives, when they are employed in the Five hundred to one thousand nine hundred and ninety-nine employees; and
    5 ° 5 additional representatives, when they employ two or more employees in the electoral district.
    II. -However, the natural persons listed in a and b of 1 ° du II of Article L. 713-1 whose spouse benefits from the provisions of the c of 1 ° of II of the same Article do not designate any additional representatives if they employ less than 50 Employees in the Chamber of Commerce and Industry.
    III. -Partnerships and limited partnerships shall mean by express deliberation in accordance with the statutory provisions a single representative on behalf of the partners and the company, without prejudice to the possibility of designating Additional representatives under I above.
    L. 713-3
    I. -The representatives referred to in Articles L. 713-1 and L. 713-2 shall serve in the enterprise as President and Chief Executive Officer, President or Member of the Board of Directors, Director General, President or Member Of the board of directors, the chairman of the supervisory board, manager, chairman or member of the board of directors or director of a public institution of an industrial and commercial character, or, failing that and to represent them as such, Agent, duties involving management responsibilities Business, technical or administrative of the business or institution.
    II. -Personal voters referred to in Article L. 713-1 of Article L. 713-1 and representatives of natural or legal persons mentioned in 2 ° du II of the same Article must be nationals of a Member State of the European Community or A State Party to the Agreement on the European Economic Area.
    They shall, in addition, take part in the vote:
    1 ° Complete the conditions laid down in Article L. 2 of the Election Code, with the exception of nationality;
    2 ° Not subject to the prohibition referred to in Article L. 6 of the Election Code;
    3 ° Not having been struck for less than 15 years from the day on which the decision by them became final, personal bankruptcy or one of the measures prohibiting or forfeiture as provided for in Book VI of this Code, to Act No. 85-98 of January 25, 1985 Concerning the judicial reorganization and liquidation of undertakings or the law n ° 67-563 of 13 July 1967 on judicial settlement, liquidation of property, personal bankruptcy and bankruptcies;
    4 ° Fail to be affected by a measure of incapacity to engage in a commercial activity pursuant to Chapter VIII of Title II of the Book Ier;
    5 ° Not having been sentenced to penalties, disqualifications or sanctions imposed under legislation in force in the Member States of the European Community or in the States Parties to the Agreement on the European Economic Area Equivalent to the 2 °, 3 ° and 4 °.
    L. 713-4
    I. -Are eligible for membership in a Chamber of Commerce and Industry, subject to 18 years of age and to comply with the conditions laid down in Article L. 713-3:
    1 ° Personal voters referred to in 1 ° du II of Article L. 713-1 on the list of electors for the corresponding electoral district and justifying that they have been registered for at least two years on the register of trade and Companies;
    2 ° The electors registered as representatives, referred to in 2 ° du II of Article L. 713-1 and in Article L. 713-2, on the list of electors for the electoral district and justifying that the business they represent Its activity for at least two years.
    II. -Any member of a Chamber of Commerce and Industry who ceases to meet the conditions of eligibility set out in the above shall present his resignation to the Prefect. Failing that, the prefect shall declare him ex officio.
    However, a cessation of activity of less than six months shall not result in resignation, except in the cases mentioned at 2 °, 3 °, 4 ° and 5 ° of II of Article L. 713-3.
    L. 713-5
    I. -In the event of the dissolution of a Chamber of Commerce and Industry, its renewal shall be effected within a period of six months.
    However, if such dissolution is pronounced less than one year before a general renewal, it shall not be carried out Renewal.
    II. -When the number of members of a Chamber of Commerce and Industry is reduced to less than half of the initial number, the Prefect shall observe the situation by order and shall hold new elections for all the seats within a time limit of 6 months.
    However, if this situation is less than one year before a general renewal, the renewal is not carried out.
    III. -Members elected under this Article shall remain in office for the remainder of the term of office of the original holder.


    Section 2
    From the election of the Consular Officers


    L. 713-6
    The consular delegates are elected for five years in the electoral district of each Chamber of Commerce and Industry.
    However, no consular officers are elected in the electoral district or part of the electoral district located in the Jurisdiction in a commercial court that does not include any elected
    . 713-7
    Voters in elections for consular delegates:
    1 ° A personal title:
    (a) Vendors registered in the Register of Trade and Companies in the District of the Chamber of Commerce and Industry, subject to the provisions of III of Article L. 713-2;
    (b) Business leaders registered in the trade register and registered in the register of trade and companies in the electoral district;
    (c) The spouses of the persons listed in a or the above Register of trade and companies that they collaborate on the activity of their spouses without Other professional activity;
    (d) Captains in the long-running or captains of the merchant navy exercising command of a ship registered in France whose home port is situated in the electoral district, the maritime pilots carrying on Their duties in a port in the electoral district, civil aviation pilots domiciled in the electoral district and in command of an aircraft registered in France;
    e) Members of the commercial courts, As well as former members of those courts who have requested to be Registered on the voters list;
    2 ° Through a representative:
    (a) Commercial corporations within the meaning of Article L. 210-1 and public establishments of an industrial and commercial character whose registered office is situated in the electoral district;
    (b) In respect of an establishment subject to The electoral district of a secondary registration or a secondary registration, unless exempted by the laws and regulations in force, the natural persons mentioned in the a and b of the 1 ° and the legal persons referred to in the Of this 2 °, regardless of the electoral district in which they Own right to vote;
    (c) Commercial corporations whose registered office is located outside the national territory and that have in the electoral district of an establishment registered in the register of commerce and companies;
    3 ° Who, in the electoral district by the voters referred to in the 1 or 2 °, carry out duties involving the managerial, technical or administrative responsibilities of the undertaking or establishment
    713-8
    The representatives referred to in Article L. 713-7 shall be engaged in the business as President and Chief Executive Officer, President or Member of the Board of Directors, Director General, President or Member Of the board of directors, the chairman of the supervisory board, manager, chairman or member of the board of directors or director of a public institution of an industrial and commercial character, or, failing that and to represent them as such, Agent, duties involving management responsibilities Business, technical or administrative of the business or establishment
    713-9
    Voters in a personal capacity and the executives referred to in Article L. 713-7 and the representatives of the natural or legal persons mentioned in 2 ° of the same Article are nationals of a Member State of the Community Or a State Party to the Agreement on the European Economic Area.
    They shall also:
    1 ° Complete the conditions laid down in Article L. 2 of the Election Code subject to the provisions of the first subparagraph above;
    2 ° Not having been the perpetrator of a criminal conviction for acts contrary to Honour, probity or morality;
    3 ° Not having been struck for less than fifteen years from the day on which the decision of the person having pronounced them became final, from personal bankruptcy or from any of the prohibition measures or Revocation as provided for in Book VI of this Code, Law No. 85-98 of 25 January 1985 Relating to the judicial reorganization and liquidation of undertakings or to Act No. 67-563 of 13 July 1967 on the judicial settlement, liquidation of property, personal bankruptcy and bankruptcies;
    4 ° Failing to be struck by a Measure of incapacity to engage in a commercial activity pursuant to Chapter VIII of Title II of the Book I;
    5 ° Have not been sentenced to penalties, disqualifications or sanctions imposed under laws in force in the Member States Members of the European Community or in the States Parties to the Agreement on the Economic Area European equivalent to those of 2 °, 3 ° and 4 °.
    L. 713-10
    Persons belonging to the College of Electors as defined in Article L. 713-7.


    Section 3
    Common Provisions


    L. 713-11
    The voters of the consular representatives and the members of the chambers of commerce and industry are divided in each administrative district between three occupational categories corresponding to the activities Trade, industry or services.
    Within these three categories, voters can potentially be divided into occupational sub-categories defined by either the size of the business or their activities Specific.
    L. 713-12
    The number of seats of the consular officers, which may not be less than sixty or more than six hundred, shall be determined taking into account the importance of the consular electoral body of the electoral district, the number of elected members of the Chamber of Commerce and Industry and of the number of trade courts included in the District of this Chamber.
    The number of seats in a Chamber of Commerce and Industry is twenty-four to fifty for Chambers of Commerce and Of industry with fewer than 30 000 electors, thirty-eight to Seventy for those whose electoral district consists of 30 000 to 100,000 electors and sixty-four per cent for those whose electoral district has more than 100,000
    . 713-13
    The distribution of seats between occupational categories and sub-categories is carried out taking into account the bases of taxation of nationals, the number of nationals and the number of employees they employ
    Professional cannot have a representation of more than half the number of seats.
    L. 713-14
    The lists of electors shall be drawn up within the jurisdiction of the Commercial Court by a commission presided over by the judge committed to the supervision of the register of trade and companies and shall be subject to the requirements of the first paragraph of Article L. 25 and Articles L. 27, L. 34 and L. 35 of the Election
    . 713-15
    For the election of members of the Chambers of Commerce and Industry, each voter has as many votes as he or she is qualified to be an elector under section L. 713-1.
    For the election of the consular officers, each elector The
    to vote in the elections of members of the chambers of commerce and industry and to the elections of the consular delegates is exercised by correspondence or by electronic means.
    L. 713-16
    Consular delegates and members of the chambers of commerce and industry are elected in a multi-member majority vote in a round. If more than one candidate obtains the same number of votes, the oldest is declared elected.
    L. 713-17
    The operations for the election of the consular representatives and for the election of the members of the chambers of commerce and industry shall be organised on the same date, by the administrative authority and, under its control, by the chambers of commerce and Industry. They are subject to the requirements of Articles L. 49, L. 50, L. 58 to L. 67 of the Election Code. The lack of knowledge of these provisions is punishable by the penalties laid down in Articles L. 86 to L. 117-1 of the same code.
    A commission presided over by the prefect or his representative is responsible for ensuring the regularity of the vote and proclaiming the Results.
    Appeals against the elections of the consular officers and members of the chambers of commerce and industry are brought before the administrative tribunal as in municipal
    . 713-18
    A decree of the Council of State determines the procedures for the application of Articles L. 713-1 to L. 713-14. This Decree shall lay down, inter alia, the conditions under which the seats of consular representatives and members of a Chamber of Commerce and Industry shall be divided between occupational categories and sub-categories.


    TITLE II
    OF THE TRADE TRIBUNAL
    Chapter I
    From the Institution and the Skill


    L. 721-1
    Commercial courts are first-degree jurisdictions, composed of elected judges and a clerk. Their jurisdiction is determined by this Code and the specific codes and laws.
    Commercial courts are subject to the provisions, common to all jurisdictions, of the book of the Code of the Judiciary
    721-2
    In electoral districts where a trade tribunal is not established, the Tribunal is aware of matters allocated to the courts of
    . 721-3
    The trade courts are familiar with:
    1. Challenges with respect to commitments between merchants, between credit institutions or between them;
    2 ° those relating to commercial companies;
    3. Acts of commerce between all persons.
    However, the parties may, at the time they contract, agree to submit to arbitration the above listed
    . 721-4
    The Commercial Court knows promissors' notes bearing at the same time signatures of traders and non-traders.
    However, it is obliged to refer to the High Court if it is required by the defendant when Promissor notes bear only signatures of non-traders and do not have the opportunity to trade, traffic, change, bank or broker.
    L. 721-5
    By way of derogation from Article L. 721-3 and subject to the jurisdiction of the disciplinary courts and notwithstanding any provision to the contrary, the civil courts are competent only to hear cases in Which one of the parties is a company incorporated in accordance with Act No. 90-1258 of 31 December 1990 on the exercise in the form of companies of the liberal professions subject to a legislative or regulatory statute or whose title is Protected, as well as disputes between associates of such a company.
    Nevertheless, the partners may agree, in the statutes, to submit to arbitrators the challenges that would arise between them for the reason of their
    . 721-6
    It is not the jurisdiction of the trade courts to take action against an owner, cultivator or wine grower, for the sale of goods originating from his or her own, or the actions brought against a trader, for payment of goods and Goods purchased for its particular use.
    Nevertheless, the tickets purchased by a merchant are deemed to be made for its business.


    Chapter II
    From Organization and Operation
    Section 1
    From The
    organization and operation of the Commercial Court


    L. 722-1
    Unless otherwise provided for in a single judge, the judgments of the courts of commerce shall be rendered by judges acting in a collegial
    . 722-2
    Where the Commercial Court rules on the protection, reorganization or liquidation, judicial settlement or liquidation of property, the formation of judgment shall include, subject to the application of Provisions of Article L. 722-15, a majority of judges who have performed judicial functions for more than two years
    722-3
    Judgement training shall be presided over by the President of the Commercial Court or by a judge of that court having performed judicial functions for at least three years, subject to the application of the provisions of Article L. 722-15.
    L. 722-4
    Where a commercial court cannot establish or adjudicate, the Court of Appeal, at the request of the Attorney General, designates, if the provisions of Articles L. 722-13 and L. 722-15 have not been applied, the court of mass In the jurisdiction of the Court of Appeal to hear cases in the role of the Commercial Court and those of which it would have been referred. If the reference results from the impossibility of complying with the requirements of Article L. 722-2, the High Court shall have before it only the cases of safeguard, recovery and judicial liquidation.
    The Registrar of the Commercial Court Is not divested of its powers and continues to perform its duties with the court of reference
    722-5
    When the reason for the dismissal was discontinued, the Court of Appeal, at the request of the Attorney General, fixed the date on which the Commercial Court was once again dealing with its jurisdiction. On that date, the cases are transmitted, as is, to the Commercial Court. The Review Tribunal shall, however, remain seized of the matters of conciliation and, where the substance is disposed of, cases other than those of a safeguard, reorganization, judicial liquidation, judicial settlement and liquidation of property.


    Section 2
    Terms of Reference for Commercial Court Judges


    L. 722-6
    Subject to the provisions relating to the additional elections provided for in the second paragraph of Article L. 723-11, the judges of the trade courts shall be elected for two years in their first election. They may, at the end of a first term of office, be re-elected for a period of four years, in the same court or in any other commercial court, without exceeding the maximum number of warrants provided for in Article L. 723-7
    The judges of the commercial courts shall expire before the beginning of the period fixed for the installation of their successors, they shall remain in office until such time as the time limit for the installation is limited to a period of three Month.
    L. 722-7
    Before taking office, the judges of the trade courts take an oath.
    The oath is as follows: I swear correctly and faithfully to perform my duties, to religiously keep the secret of the proceedings and to conduct me as a dignified and loyal judge. "
    It is received by the Court of Appeal, when the Commercial Court is established at Headquarters Of the Court of Appeal and, in the other cases, by the High Court in the jurisdiction of which the Commercial Court has its seat
    722-8
    The termination of the functions of a commercial court judge results in:
    1 ° From the expiry of the electoral mandate, subject to the provisions of the second paragraph of Article L. 722-6 and the third paragraph of Article L. 722-11;
    2 ° From the removal of the court;
    3 ° resignation;
    4 ° De la forfeiture.
    L. 722-9
    Where a legal safeguard, reorganization or liquidation procedure is initiated in respect of a judge of a commercial court, the person concerned shall cease to perform his duties as from the date of the opening judgment. He is deemed to have resigned.
    The same provisions apply to a judge of the Commercial Court who has one of the qualities mentioned in the first paragraph of Article L. 713-3, when the company or public establishment to which it belongs is The subject-matter of a legal safeguard, reorganization or liquidation
    . 722-10
    Where a court of high instance has been designated under the conditions set out in Article L. 722-4, the terms of reference of the judges of the Divestiture Court shall not be interrupted during the divestiture
    . 722-11
    The President of the Commercial Court shall be selected from among the judges of the Tribunal who have served in a commercial court for at least six years, subject to the provisions of Article L. 722-13.
    The President is elected For four years by secret ballot by the judges of the commercial court meeting at the general assembly under the presidency of the outgoing President or, failing that, the oldest member. The election is held by an absolute majority in the first two ballots and the majority in the third round. In the event of equality of votes in the third round, the candidate with the greatest seniority in the judicial functions shall be declared elected; in the event of equal seniority, the oldest shall be declared elected
    The installation of a successor without this extension exceeding a period of three months.
    L. 722-12
    When, for any reason, the President of the Commercial Court ceases to hold office during his term of office, the new President shall be elected within three months for the remainder of the term of office of his predecessor
    In the event of incapacity, the President shall be replaced by the judge appointed by the judge. In the absence of a designation or in the event of the incapacity of the designated judge, the President shall be replaced by the judge with the greatest seniority in the judicial
    . 722-13
    When none of the candidates meets the seniority requirement to be the President of the Commercial Court, the first Chairman of the Court of Appeal, seized by the Attorney General's motion, may order, by order, that The required seniority is not required.
    L. 722-14
    Subject to the application of the provisions of Article L. 722-15, no person shall be appointed to perform the duties of a Judge Commissioner under the conditions laid down in Book VI if he or she has performed at least two years of office
    President of the Commercial Court shall establish, at the beginning of each judicial year, by order taken after the opinion of the General Assembly of the Court, the list of judges who may exercise the functions of Judge Commissioner.
    L. 722-15
    When none of the judges of the Commercial Court meet the necessary seniority requirements, either in the case of legal protection, reorganization or liquidation, judicial settlement or liquidation of property, In accordance with the provisions of Article L. 722-2, or to preside over a formation of judgment under the conditions laid down in Article L. 722-3, or to fulfil the functions of the Judge Commissioner under the conditions laid down in Article L. 722-14, The first chairman of the court of appeal, seized by the prosecutor's request May, by order, decide that seniority is not required.
    L. 722-16
    The mandate of the elected judges of the commercial courts is free.


    Chapter III
    From the election of the judges of the commercial courts
    Section 1
    Of the electorate


    L. 723-1
    The judges of a trade tribunal are elected within the jurisdiction of the court by a college composed of:
    1 ° Consular delegates elected within the jurisdiction of the court;
    2 ° Judges of the Commercial Court and the former Members of the court who requested to be registered on the list of
    . 723-2
    Persons referred to in section L. 723-1 may be a member of the electoral college only on condition that:
    1 ° Not to have been stripped of their duties;
    2 ° Not to have been criminally convicted of acts contrary to honour, probity or morality;
    3 ° Not having been struck for less than fifteen years at From the day on which the decision to give them has become final, from personal bankruptcy or from a prohibition or revocation as provided for in Book VI of this Code, to Act No. 85-98 of January 25, 1985 on the Reorganization and judicial liquidation of enterprises or Law No. 67-563 of 13 July 1967 On judicial settlement, liquidation of property, personal bankruptcy and bankruptcies;
    4 ° Not subject to a measure of inability to engage in a commercial activity pursuant to Chapter VIII of Title II of the book Ier.
    Consular delegates are designated under the conditions set out in Articles L. 713-6 to L. 713-18.
    L. 723-3
    The list of electors for elections to the trade courts is drawn up by a commission presided over by the judge committed to the supervision of the register of commerce and companies. In the case of the establishment of a commercial court, the first chairman of the court of appeal shall appoint a judge of the judicial order as the chairman of the panel.
    The provisions of the first paragraph of Article L. 25 and Articles L. 27, L. 34 and L. 35 of the Election Code is applicable in the event of a contest on the voters list.


    Section 2
    Eligibility


    L. 723-4
    Persons who are at least 30 years of age shall be eligible for the functions of a judge of a trade tribunal:
    1 ° Registered on the list of electors established pursuant to Article L. 713-7 within the jurisdiction of the Commercial Court or in the jurisdiction of the Boundary Chamber of Commerce;
    2 ° who meet the nationality requirement of Article L. 2 of the Election Code;
    3 ° In respect of which a legal safeguard, reorganization or liquidation procedure has not been initiated;
    4 ° Who, in relation to persons mentioned in 1 ° or 2 ° of Article L. 713-7, Do not belong to a corporation or a public institution that has been the subject of a proceeding Legal safeguard, reorganisation or liquidation;
    5 ° and which justify either registration for the last five years at least in the register of trade and companies, or of the financial year, for a cumulative total period of Five years, one of the qualifications listed in Article L. 713-8 or one of the professions listed in d of Article L. 713-7.
    L. 723-5
    Any person who has been stripped of his or her duties as a judge of a commercial court is ineligible for this function for a period of ten years
    723-6
    may be declared ineligible for a period of ten years by the National Disciplinary Commission for any person who has submitted his or her resignation as a judge of a trade tribunal during the disciplinary proceedings Against.
    L. 723-7
    The judges of the trade courts elected for four successive terms in one trade tribunal are no longer eligible in this court for one year.
    However, the incumbent President following four successive terms of office Member or President may be re-elected for a new term as a member of the same trade tribunal. At the end of this term, he is no longer eligible for any term of office for one year
    723-8
    A judge of a commercial court cannot be simultaneously a member of a labour court or a judge of another trade tribunal.


    Section 3
    Election and election operations


    L. 723-9
    Each voter has only one vote within the jurisdiction of the same court of commerce.
    The right to vote may be exercised by correspondence or by electronic
    . 723-10
    The elections for the judges of the commercial courts are held in the multi-member plurality voting system at two rounds.
    The following are declared elected in the first ballot the candidates who received a number of votes at least equal to the majority of the votes cast And one-quarter of registered voters. If no candidate is elected or if there are still seats to be filled, the election shall be acquired in the second round by the relative majority of the votes cast. If several candidates receive the same number of votes in the second round, the oldest is declared elected.
    L. 723-11
    Elections are held every year in each trade tribunal where there are seats to be filled for any cause.
    If, during the year, the number of vacations exceeds one-third of the number of a court, the prefect may Decide that additional elections will be held. In this case, the term of office of the elected judges expires at the end of the judicial
    . 723-12
    The provisions of Articles L. 49, L. 50, L. 58 to L. 67 and L. 86 to L. 117 of the Election Code apply to election operations organized for the designation of judges of the commercial
    . 723-13
    A commission presided over by a judge of the judicial order appointed by the first president of the court of appeal is responsible for ensuring that the voting is lawful and proclaiming the results
    723-14
    A Council of State Order determines the terms and conditions of this Chapter.


    Chapter IV
    From the Discipline of the Commercial Court Judges


    L. 724-1
    Failure by a judge of a trade tribunal to honour, probity, dignity and duties is a disciplinary offense.
    L. 724-2
    Disciplinary power is exercised by a National Disciplinary Commission, which is presided over by a President of the Chamber at the Court of Cassation, appointed by the first President of the Court of Cassation, and which includes:
    1 ° A member of the Conseil d' Etat designated by the Vice-President of the Council of State;
    2 ° Two judges of the seat of the courts of appeal designated by the first President of the Court of Cassation on a list drawn up by the first presidents of the courts Appeal, each of them arresting the name of a judge of the seat of his court of appeal after notice of the general assembly of judges of the seat of the court of appeal;
    3 ° Four judges of the trade courts elected by all the presidents of the Courts of commerce.
    Alternates in equal numbers are designated in the same Conditions. Members of the National Disciplinary Commission are appointed for four years
    724-3
    After hearing the person concerned by the president of the court to which he belongs, the national disciplinary commission may be seized by the custody of the seals, Minister of Justice
    Forfeit.
    L. 724-4
    On the proposal of the Minister of Justice, the Chairman of the National Disciplinary Commission may suspend a judge of a commercial court for a term not exceeding six months, where there is The person concerned, who has previously been heard by the President of the court to which he belongs, acts of a nature which will result in disciplinary action. The suspension may be renewed once by the National Commission for a period not exceeding six months. If the judge of the commercial court is subject to criminal proceedings, the suspension may be ordered by the chairman of the national commission until the intervention of the final criminal
    . 724-5
    The National Disciplinary Commission may deliberate only if at least four of its members, including the President, are present. If the votes are equally divided, the President shall have a casting vote.
    L. 724-6
    Decisions of the National Disciplinary Commission and its Chairperson are reasoned. They are only subject to appeal before the Court of Cassation
    724-7
    Irrespective of the decisions that may be made pursuant to Articles L. 724-3 and L. 724-4, where it appears, after his election, that a judge of the Commercial Court has incurred, before or after his installation, one of the Convictions, disqualifications or disabilities referred to in article L. 723-2, he is deprived of his full rights.


    TITLE III
    SPECIAL COMMERCIAL JURISDICTIONS
    Chapter I
    Provisions Applicable to the
    departments of the Bas-Rhin, the Haut-Rhin and the Moselle


    L. 731-1
    Commercial chambers of the High Court are established in the departments of the Bas-Rhin, the Haut-Rhin and the Moselle
    731-2
    The competence of the Chamber of Commerce is that of the Commercial Courts, with the exception of cases which fall within the jurisdiction of the Court of Instance in accordance with Chapter III of Title II of Book II of the Code of Judicial organization.
    L. 731-3
    The Chamber is composed of a member of the High Court, the President, two elected assessors and a clerk. The assessors shall be elected under the conditions laid down in Articles L. 723-1 to L. 723-14
    731-4
    The other provisions of Title II of Book VII relating to the Commercial Courts shall apply to the Chamber of Commerce, with the exception of Articles L. 721-1, L. 721-2, L. 722-3, L. 722-11 to L. 722-13 and the second paragraph of Article L. 723-7.
    However, by way of derogation from the provisions of Article L. 722-14, the functions of juges-Commissioners may also be exercised by a judge of the seat under the conditions laid down in the second subparagraph of Article L. 215-1 of the Code of Judicial organization.


    Chapter II
    Provisions Applicable
    to overseas departments and regions


    L. 732-1
    Joint courts of commerce are established in the overseas departments and
    . 732-2
    The jurisdiction of the joint courts of commerce is determined by this Code and the specific
    . 732-3
    Joint courts of commerce are courts of the first degree composed of the President of the High Court, the President, of elected judges, subject to the provisions of Article L. 732-7, and a Registrar. The judges shall be elected under the conditions laid down in Articles L. 723-1 to L. 723-13.
    L. 732-4
    In electoral districts where a mixed court of commerce is not established, the Tribunal de Grande Instance is familiar with matters allocated to the joint courts of
    . 732-5
    Judgments of mixed courts of commerce shall be rendered, except provisions which provide for a single judge, by a collegial formation comprising, in addition to the President, three judges elected or appointed under the conditions laid down in Article L. 732-7. If the votes are equally divided, the President shall have a casting vote.
    L. 732-6
    The provisions of Title II of Book VII relating to the courts of commerce shall apply to the Joint Commercial Court, with the exception of Articles L. 721-1, L. 722-1, L. 722-3, L. 722-11 to L. 722-13 and the second paragraph of Article L. 723-7.
    L. 732-7
    On the list of candidates declared elected, the committee provided for in Article L. 723-13 annex is a supplementary list containing the names, quality and domicile of the unelected candidates by mentioning the number of votes they have obtained. The first President of the Court of Appeal, after the opinion of the President of the Joint Court of Trade, shall draw up from this supplementary list a list of fifteen or more persons who, having their residence in the city, are in a position to complete the Mixed tribunal. If the number of judges is insufficient during the course of the year at a hearing, the Chairman of the Mixed Court shall proceed to the drawing of lots in open session between all the names of the list drawn up by the first President. Persons whose names have been drawn by lot are sworn in before the President of the Mixed Court.


    TITLE IV
    OF THE GREFFE OF THE TRADE TRIBUNAL
    Chapter I
    From the institution and the missions


    L. 741-1
    Commercial Court clerks are public and departmental officers.
    L. 741-2
    The profession of clerk of the courts of commerce is represented with the public authorities by a National Council of Clerks of the Commercial Courts, endowed with the moral personality and entrusted with the defence of its interests
    The modes of election and operation of the National Council are fixed by decree in the Council of State.


    Chapter II
    Conditions for access to the profession
    and other judicial professions and Legal


    L. 742-1
    The rules for access to the profession of court clerks are fixed by decree in the Council of State
    742-2
    Rules for the registrars of trade tribunals to access other legal and judicial professions are laid down by decree in the Council of State.


    Chapter III
    Conditions Exercise
    Section 1
    Inspection and Discipline
    Sub-section 1
    From Inspection


    L. 743-1
    Clerks of the trade courts are subject, in their professional activity, to inspections under the custody of the seals, Minister of Justice, under conditions laid down by decree in the Council of State. During these inspections, they are required to provide all relevant information and documents without being able to object to solicitor-client privilege.


    Subsection 2
    Of Discipline


    L. 743-2
    Failure by a court clerk to honour, probity, dignity and duties is a disciplinary offense.
    The acceptance of the resignation of a Registrar does not preclude the delivery of a Disciplinary action, if the alleged acts were committed during the performance of his duties.
    L. 743-3
    Disciplinary sanctions are:
    1. Reminder to order;
    2 ° Warning;
    3 ° blame;
    4 ° The temporary ban;
    5 ° Removal or removal of the honorariate.
    The sanctions mentioned at 1 ° to 4 ° May be accompanied by the additional sanction of temporary ineligibility in the National Council of Commercial Court Clerks. The maximum duration of this additional sanction shall be five years for the sanctions referred to in the 1 to 3 ° and ten years from the cessation of the prohibition measure for the sanction mentioned at 4 °.
    L. 743-4
    Disciplinary action against the Registrar of a Commercial Court shall be exercised either before the Disciplinary Training of the National Board of Clerks of the Commercial Courts or before the High Court in the jurisdiction Where the court of commerce has its seat or, if the Registrar is the holder of several registries, before the court of large instance designated by the first President of the Court of Appeal, under the conditions laid down in this Chapter
    Discipline is prescribed ten years.
    L. 743-5
    The disciplinary training of the National Council of Commercial Court Clerks consists of five members appointed by the National Council in its midst; five alternates are appointed under the same conditions. It shall elect its President.
    The President of the National Council may not be a member of the Disciplinary Training.
    Disciplinary training of the National Council may only impose one of the sanctions referred to in the 1 ° to 3 ° of Article L. 743-3.
    L. 743-6
    Disciplinary action is exercised by the public prosecutor. It may also be exercised by the President of the National Council of Clerks of the Commercial Courts. In such case, notification shall be made to the Public Prosecutor, who may cite the Registrar before the Tribunal of the High Court, adjudicating in a disciplinary manner. Notification of the citation shall be made to the President of the Disciplinary Training of the National Council.
    Disciplinary training of the National Council shall be drawn upon from the notification by the Public Prosecutor of the Republic
    743-7
    The Registrar of the Commercial Court who is the subject of a criminal or disciplinary proceedings may be provisionally suspended from the performance of his duties by the Tribunal of the High Court, seized at the request of the prosecutor of the Republic.
    In the event of an emergency, the provisional suspension may be imposed by the High Court before any criminal or disciplinary action is even taken.
    The High Court may terminate the suspension At the request of the Public Prosecutor or the Registrar.
    The suspension shall cease As soon as the criminal or disciplinary action is extinguished. It shall also cease to be entitled, in the case provided for in the second subparagraph, if, at the end of a period of one month from its delivery, no criminal or disciplinary proceedings have been
    . 743-8
    The decisions of the Disciplinary Training of the National Board of Clerks of the Commercial Courts may be referred to the Paris Court of Appeal by the Public Prosecutor of the Republic responsible for disciplinary action, by the President of the National Council when proceedings have been instituted on his initiative, or by the Registrar.
    Decisions of the Disciplinary Board of the High Court may be referred to the Court of Appeal territorially Competent by the Public Prosecutor, by the President of the National Council of Registrars of the Commercial Courts where the proceedings have been initiated, or by the
    . 743-9
    The clerk suspended, prohibited or dismissed shall refrain from any professional act. The acts carried out in contempt of that prohibition may be declared null and void, at the request of any person concerned or the prosecutor of the Republic, by the High Court. The decision shall be binding on any person.
    Any infringement of the provisions of the first paragraph shall be punishable by the penalties laid down in Article 433-17 of the Criminal
    . 743-10
    The Court of Large Instance, which pronounces the suspension, prohibition or dismissal, appoints one or more provisional
    . 743-11
    A Council of State decree sets out the conditions for applying this chapter.


    Section 2
    Exercise modes


    L. 743-12
    Clerks of the commercial courts may practise their profession individually, in the form of professional civil societies or in the form of liberal companies as provided for by Law No. 90-1258 of 31 December 1990 on the exercise in the form of companies of the liberal professions subject to legislative or regulatory status or whose title is protected. They may also be members of a group of economic interest or of a European grouping of economic interest or associated with a holding company governed by Title II of Act No. 90-1258 of 31 December 1990 on the financial year under Form of liberal professions subject to legislative or regulatory status or whose title is protected.


    Section 3
    Pricing of court clerks


    L. 743-13
    The emoluments of the Court of Trade Clerks are fixed by decree in Council of State.


    TITLE V
    DE L' EQUIPMENT COMMERCIAL


    L. 750-1
    Settlements, extensions, transfers of existing activities and changes in the business sector of commercial and craft enterprises must meet the requirements for spatial planning, environmental protection and The quality of urban planning. In particular, they must contribute to the maintenance of activities in rural and mountain areas and to the rebalancing of agglomerations by the development of activities in the city centre and in urban dynamisation
    . Must also contribute to the modernisation of commercial equipment, their adaptation to the development of consumption patterns and marketing techniques, the comfort of purchasing the consumer and the improvement of working conditions Employees.
    The National Development Program and Modernisation of trade and craft activities referred to in Article 1 of Act No. 73-1193 of 27 December 1973 on the orientation of trade and the craft sector expresses the orientations of commercial equipment for the implementation of objectives Above defined.


    Chapter I


    Commercial equipment commissions and departmental business equipment observatories


    Section 1
    Commissions Commercial equipment departmental


    L. 751-1
    A departmental trade equipment commission adjudicates applications for authorization under the provisions of Articles L. 752-1, L. 752-3 and L. 752-15.
    L. 751-2
    I. -The departmental commission of commercial equipment is chaired by the prefect
    -In departments other than Paris, it is composed:
    1 ° Of the following three elected representatives:
    (a) The mayor of the commune of implantation;
    (b) The president of the public institution of inter-municipal cooperation competent in the field of spatial planning and development of which the commune is a member or, failing that, General Councillor of the Canton of Implementation;
    (c) The mayor of the most populous municipality in the district, other than the commune of implantation; outside the departments of Hauts-de-Seine, Seine-Saint-Denis, Val-de-Marne and the municipalities Of Essonne, Val-d ' Oise, Yvelines and Seine-et-Marne belonging to The agglomeration of Paris, in the case where the commune of settlement belongs to a multi-communal agglomeration comprising at least five communes, the mayor of the most populous municipality is chosen from among the mayors of the communes of that agglomeration ;
    2 ° Of the following three personalities:
    (a) The President of the Chamber of Commerce and Industry whose territorial constituency includes the commune of settlement, or its representative;
    (b) The President of the Chamber of Commerce whose territorial constituency includes the Or its representative;
    (c) A representative of the consumer associations of the department.
    Where the mayor of the municipality of settlement or the mayor of the most populous municipality referred to above is also the General councillor of the canton, the prefect designates to replace the latter a mayor A municipality located in the multi-communal area or the district concerned.
    III. -In Paris, it is composed of:
    1 ° Three elected representatives:
    a) The mayor of Paris;
    b) The mayor of the district of the location;
    c) A district councillor designated by the Paris council;
    2 ° Of the three
    (a) The President of the Paris Chamber of Commerce and Industry or his representative;
    (b) The President of the Paris Chamber of Commerce or his representative;
    (c) A representative of consumer associations .
    L. 751-3
    Any member of the departmental commission of commercial equipment shall inform the prefect of the interests he holds and of the function he or she carries out in an economic
    . 751-4
    The terms and conditions for the appointment of the members of the Commission and the manner in which it operates are laid down by decree in the Council of State.


    Section 2
    National Commercial Equipment Commission


    L. 751-5
    The National Commercial Equipment Commission consists of eight members appointed, for a non-renewable term of six years, by order made on the report of the Minister responsible for trade. The commission is renewed by half every three years
    751-6
    The National Commercial Equipment Commission is composed of:
    1 ° A member of the Council of State designated by the Vice-President of the Council of State, President;
    2 ° A member of the Court of Auditors designated by the first President of the Court of Auditors;
    3 ° A member of the General Inspectorate of Finance Designated by the head of this service;
    4 ° A member of the body of general inspectors of equipment designated by the Vice-President of the General Council of Bridges and Roads;
    5 ° Four persons designated for their competence in respect of Distribution, consumption, land use or employment by reason of The Speaker of the National Assembly, one by the Speaker of the Senate, one by the Minister responsible for trade and one by the Minister responsible for employment
    751-7
    Any member of the National Commission shall inform the President of the interests he holds and of his or her function in an economic
    . 751-8
    The conditions for the appointment of members of the National Commission and its President, as well as the manner in which it operates, are laid down by decree in the Council of State.


    Section 3
    Observatories Departmental commercial equipment


    L. 751-9
    The departmental observatory of commercial equipment collects the elements necessary for the development of the commercial development schemes, in accordance with the guidelines laid down in Article L. 750-1. It shall take into account, where appropriate, the guidelines of the spatial planning directives referred to in Article L. 111-1-1 of the urban planning and regional planning and development patterns of the territory provided for in Article 34 Act No. 83-8 of 7 January 1983 on the distribution of powers, between municipalities, departments, regions and the State.
    The commercial development scheme is drawn up and made public under conditions laid down by decree in State Council.


    Chapter II
    Of authorization Commercial
    Section 1
    Projects subject to authorization


    L. 752-1
    I. -The following projects are subject to a commercial exploitation authorisation:
    1 ° The creation of a retail store of a sales area greater than 300 square metres, resulting either from a new construction, or from The transformation of an existing building;
    2 ° The expansion of the retail outlet of a retail store that has already reached the threshold of 300 square metres or to exceed it by the completion of the project. Is considered to be an extension of the additional use of any space covered or not, fixed or movable, and which would not fall within the scope of Article L. 310-2;
    3 ° The creation or extension of a commercial set as defined in Article L. 752-3 of a total sales area exceeding 300 square metres or to exceed this threshold by the completion of the project;
    4 ° The creation or extension of any retail distribution facility for fuels and fuels, Regardless of the surface of the sale, attached to a specified retail store To the above 1 ° above or to a commercial set mentioned above and located outside the public domain of motorways and express roads.
    The provisions relating to fuel distribution installations are specified by decree;
    5 ° Reuse for retail use of a sales area greater than 300 square metres released following an authorization to create a store by the transfer of existing activities, regardless of the date on which this was authorized. Transfer;
    6 ° Reopen a store to the public on the same location Retail sales of a retail area greater than 300 square metres where the premises have ceased to be operated for two years, this time limit, in the event of a judicial reorganization procedure of the operator, only on the day on which the owner has Recovered the full disposition of the premises;
    7 ° New buildings, extensions or alterations of existing buildings resulting in the establishment of hotel establishments with a capacity of more than thirty rooms. Of the Ile-de-France region, and fifty rooms in the Ile-de-France region.
    When deciding on such requests, the Departmental Committee on Commercial Equipment shall obtain the prior opinion of the Departmental Tourism Action Commission, presented by the Regional Tourism Delegate who attends the meeting. In addition to the criteria laid down in Article L. 752-6, it shall take account of the density of hotel equipment in the area concerned;
    8 ° Any change in the sector of activity of a trade in a sales area greater than 2000 Square meters. This threshold is reduced to 300 square metres when the store's new activity is predominantly food-intensive.
    For nurseries and horticulturists, the sales area referred to in 1 ° is the one they devote to retail sales Not originating from their operation, under conditions fixed by decree.
    II. -The provisions of 7 ° du I do not apply to overseas
    . 752-2
    I. -Area groupings for the sale of neighbouring shops, without the creation of additional sales areas, not exceeding 1 000 square metres, or 300 square metres where the new activity is predominantly food, are not subject to a Commercial authorization.
    II. -Pharmacies are not subject to commercial exploitation authorisation nor are they taken into account for the application of Article L. 752-1, 3 ° I of Article
    752-1. -The halles and retail supply contracts, whether covered or not, established on the dependencies of the public domain and whose creation is decided by the City Council, the shops accessible only to travellers with tickets and located in Airports, as well as parts of the public domain assigned to railway stations with a maximum area of 1000 square metres, are not subject to commercial authorization.
    IV. -The creation or extension of garages or shops of motor vehicles with maintenance and repair shops is not subject to commercial authorisation, when it leads to a total area of less than 1 000 Square meters.
    L. 752-3
    I. -Are regarded as being part of the same commercial package, whether or not they are located in separate buildings and whether or not the same person is the owner or operator, the stores that are located on the same site and that:
    1 ° Either have been designed in the context of the same land use operation, whether it is made in one or more slices;
    2 ° Either benefit from arrangements designed to allow the same clientele access to the various Establishments;
    3 ° Be the object of joint management of certain elements of their operation, in particular by the creation of collective services or the usual use of common commercial practices and advertising;
    4 ° Are united by a common legal structure, controlled directly or Indirectly by at least one partner, exercising influence within the meaning of Article L. 233-16 or having a common law or common law officer.
    II. -However, the provisions of this Article shall not apply to concerted planning zones established in an urban centre, pursuant to Article L. 311-1 of the urban planning
    . 752-4
    Applications for authorisation shall be submitted in accordance with procedures laid down by decree in the Council of State; applications not leading to sales areas greater than 1 000 square metres shall be simplified
    752-5
    Projects are subject to review by the Commission only if they are accompanied by the indication of the sign of the future operators of establishments whose sales area is equal to or greater than a threshold established by Order in Council.
    Applications for the establishment of a retail store or a business unit as defined in Article L. 752-3 of a sales area greater than 6,000 square metres are accompanied by the findings of an investigation The economic, social and spatial planning aspects of the Prescribed in the conditions laid down by a decree in the Council of State. This investigation shall be carried out in conjunction with the public inquiry pursuant to Article L. 123-1 of the Code of the Environment when it is required as part of the building permit instruction.


    Section 2
    From the Departmental Commission decision


    L. 752-6
    In the framework of the principles laid down in Article L. 750-1, the Commission shall take into account:
    1 ° The overall supply and demand for each business line in the affected catchment area;
    -the overall impact of the project on the flows of passenger cars and delivery vehicles;
    -the quality of the service in Public transport or alternative modes;
    -the reception capacities for the loading and unloading of goods;
    2 ° The density of equipment in medium and large areas in this area;
    3 ° The potential effect of the project On the commercial and craft apparatus of this area and the agglomerations concerned, As well as the desirable balance between different forms of trade. When the project concerns the creation or extension of a commercial package, which is mainly composed of shops specializing in the marketing of brand items at reduced prices, the potential effect of the project is also appreciated Irrespective of the specificity of the commercial policy of this type of store;
    4 ° The possible impact of the project in terms of employed and non-salaried jobs;
    5 ° The conditions for the exercise of competition within the trade and Handicrafts;
    6 ° Retailers' commitments to create retail stores to Predominance of food to create in areas of urban dynamisation or the rural areas of priority development of shops of the same type, of a sales area less than 300 square metres, for at least 10 % of the areas Requested.
    L. 752-7
    The decisions of the Departmental Commission refer to the work of the departmental observatory of commercial
    . 752-8
    The prefect who presides over the departmental commission shall inform him of the content of the national programme provided for in Article L. 750-1 and the commercial development scheme referred to in Article L. 751-9
    752-9
    Where the proposed operation concerns an agglomeration in which the procedures laid down in Articles L. 303-1 of the Code of Construction and Housing and L. 123-11 of the Code of Town Planning are implemented, the Commission shall Account for the actions intended to ensure the maintenance or establishment of local businesses, artisans or craft
    . 752-10
    In the overseas departments, in the absence of a reasoned derogation from the departmental commission of commercial equipment, the authorisation sought may not be granted where it appears that it would have the consequence of extending beyond a threshold Of 25 % on the whole department, or increase, if it is above this threshold, the total sales area of the food-dominated retail outlets of more than 300 square metres of sales area, whether it relates to the whole of the Project or part only, and belonging to:
    1 ° either to a single sign;
    2 ° Either to the same corporation, or to one of its subsidiaries, or to a corporation in which that corporation owns a portion of the capital between 10 and 50 %, or a corporation controlled by that same corporation within the meaning of Article L. 233-3;
    3 ° controlled directly or indirectly by at least one partner exercising influence within the meaning of Article L. 233-16, or having a common law or common law officer.
    L. 752-11
    The officials responsible for the decentralised services of the state responsible for equipment, competition and consumption as well as employment attend the meetings of the departmental
    . Representative of the regional prefect also attends the
    . 752-12
    The authorization request statement is made by the state's deconcentrated services.
    L. 752-13
    No member of the departmental commission can deliberate in a case where it has a personal and direct interest or if it represents or has represented one of the interested
    . 752-14
    The departmental commission of commercial equipment, following a procedure fixed by decree, authorizes the projects by a favourable vote of four of its members. The minutes indicate the meaning of the vote by each member.
    The prefect who chairs the departmental commission does not take part in the vote.
    L. 752-15
    Commercial authorization is issued prior to the granting of the building permit, if any, or prior to the completion of the project if the building permit is not required.
    Approval is granted per metre Surface area of sale or per room.
    A new application is required when the project, under investigation or in its implementation, is undergoing substantial changes in the nature of the trade or sales area. The same applies to changes in the sign (s) designated by the petitioner.
    The prior approval required for the creation of retail stores is not assignable or transmissible.
    L. 752-16
    The departmental commission of commercial equipment shall decide on the applications for authorisation referred to in Articles L. 752-1 and L. 752-15 within a period of four months from the filing of each application, with the exception of the requests for Projects located within the perimeter of the urban free zones defined in B of 3 of Article 42 of Act No. 95-115 of 4 February 1995 for the development and development of the territory, for which it shall act within a period of Two months.
    Its decisions are based on, inter alia, the Provisions of Articles L. 750-1, L. 752-6 and L. 752-7.
    Passed this period, the authorization is deemed granted. The Board members are aware of the applications filed at least one month before proceeding.


    Section 3
    Appeal against the decision of the Departmental Commission


    L. 752-17
    Without prejudice to the judicial remedy reserved for third parties under the common law, on the sole initiative of the prefect, two members of the committee, one of whom is elected, or the applicant, the decision of the departmental committee May, within two months of its notification or implicit intervention, be the subject of an appeal to the National Committee on Commercial Equipment provided for in Article L. 751-5, which shall take a decision within four months, With the exception of requests for projects within the scope of the Urban free zones defined in the B of 3 of Article 42 of Act No. 95-115 of 4 February 1995 for spatial planning and development, for which it acts within two months
    752-18
    Before the expiry of the appeal period or, in the case of appeal, before the appeal of the national commission, the building permit may not be granted or the undertaking undertaken and no new application may be filed for The same base area with the Departmental Commercial Equipment Commission.
    L. 752-19
    The mayor of the commune d' implantation member of the departmental commission whose decision is the subject of the appeal is heard at his request by the national commission.
    A government commissioner appointed by the minister responsible for the Shall attend the meetings of the Committee. It reports folders.
    L. 752-20
    No member of the National Commission may deliberate in a case where he has a personal and direct interest or if he represents or has represented one of the interested parties.
    The Chairman of the National Commission has a casting vote In case of equal sharing of voices.
    L. 752-21
    In the case of a rejection for a substantive ground of the request for authorisation by the aforementioned national commission, it cannot be refiled by the same petitioner for the same project on the same land for a period of time One year from the date of the decision of the National
    . 752-22
    Commissions allow or reject projects in their entirety.


    Section 4
    Contracts awarded for the realization
    of an authorized project


    L. 752-23
    Subject to the special provisions applicable to local authorities and local mixed economy companies, all contracts awarded by public or private persons, in connection with the implementation of a project Authorised under Articles L. 752-1 and L. 752-3, shall be communicated, in accordance with arrangements laid down by decree, by each Contracting Party to the Prefect and the Regional Chamber of Accounts.
    This obligation shall also extend to contracts prior to Authorization and relating to the control or development of the land on The establishment of institutions that have benefited from the authorisation. It concerns contracts of all types, including those providing for free transfers, in-kind and intangible counterparties.
    This communication takes place within two months of the conclusion of the contracts or, In the case of contracts prior to the authorisation, within two months of the authorisation.
    Any infringement of the provisions of this Article shall be punishable by EUR 15 000 in fines.


    TITLE VI
    OF MARKETS OF NATIONAL
    AND TRADE MANIFESTATIONS
    Chapter I
    National Markets


    L. 761-1
    Markets of national interest are public services for managing markets, whose access is reserved for producers and traders, who contribute to the organisation and productivity of product distribution channels Agriculture and food security in these economic sectors and the food security of populations.
    Ranking of markets for agricultural and food products as markets of national interest or creation of Such contracts are delivered on the proposal of the regional councils by decree.
    These contracts may be established in the public domain or in the private domain of one or more corporations under public law or on privately owned buildings.
    Decommissioning of a domestic market may be Issued by order of the Minister responsible for trade and the Minister responsible for agriculture on a proposal from the Regional Council if the activity of the market no longer enables the tasks defined in the first subparagraph or the general organisation to be met Under the conditions set out in Article L. 761-10.
    L. 761-2
    A list of contracts of national interest which the State intends to organise and manage is fixed by decree.
    For other markets of national interest, the municipalities on whose territory they are located, or the Groups of interested communes, shall ensure the development and management, in the governance or in the designation of a public or private legal person. In the latter case, that legal person shall be appointed after competition under the conditions laid down in Article L. 1411-1 of the General Code of Local and Regional Authorities.
    These communes, or their groupings, may, however, entrust this Authority to designate to the region or, in Corsica, to the territorial community of Corsica
    761-3
    The tariff of royalties collected from the holder of an occupation authorization or other forms of contribution by market users to its operation shall be established by the manager and approved by the prefect.
    The manager of the
    the financial exploitation of a market presents or leaves to be provided for in the financial and health care system, the financial and social obligations of the market shall be fixed. Serious imbalance, trusteeship ministers may, after advising the Management and, where appropriate, the public authorities which have guaranteed the borrowings, automatically raise the existing charges, create new revenue, reduce expenditure and, in general, take all provisions specific to Restore balance.
    L. 761-4
    A reference perimeter may be established around the market of national interest by decree in the Council of State.
    The reference perimeter includes the application of the prohibitions laid down in Article L. 761-5.
    The prohibitions laid down Apply to sales and operations incidental to the sale of those products whose lists are fixed in each case by order of the trusteeship ministers.
    The order referred to in the first subparagraph determines the establishment of the market of interest National.
    The early deletion of all or part of the scope, The extension of the market establishment or its transfer within the scope may be determined by decision of the competent administrative
    . 761-5
    The decree establishing the reference perimeter prohibits, within it, the extension, movement or creation of any establishment in which a natural person or legal entity, on a non-retail basis, is Sales in respect of goods, or on ancillary operations to those sales, whose lists are fixed by inter-ministerial order as provided for in the third paragraph of Article L. 761-4.
    This prohibition does not apply to Producers and producer groups for the products coming from Of farms within the reference perimeter.
    Is not considered to be a creation of establishment the change in ownership of the trade fund.
    The establishment extension is defined as the creation of new
    conditions for the application of the provisions of this Article shall be laid down by decree in the Council of State
    761-6
    Where the reference perimeter of a market of national interest comprises the premises of a port, sales other than retail sales of products on the lists referred to in Article L. 761-4 shall obey The
    laid down in Article L. 761-5 shall not apply to sales which relate to products transported directly by sea in that port or from that port and bear on lots of which The significance exceeds the limits set by the joint order of the ministers responsible for the Guardianship of markets of national interest and of the minister responsible for ports.
    The decree establishing the reference perimeter may prohibit, within the port of the port, sales from the importation of products transported by a route other than sea, or Allow them only for lots of an importance exceeding certain limits and under the conditions it determines.
    L. 761-7
    Exceptionally, the competent administrative authority may grant derogations from the prohibitions laid down in Articles L. 761-5 and L. 761-6, under conditions laid down by decree in the Council of State
    761-8
    The infringements of the prohibitions of Articles L. 761-5 and L. 761-6 and the provisions adopted pursuant to those Articles shall be found and prosecuted under the conditions laid down in the first paragraph of Article L. 450-1 and Articles L. 450-2 and L. 450-3 and fined EUR 15 000. Sections L. 470-1 and L. 470-4 apply.
    L. 761-9
    The right of private occupation of a trader established in the premises of a market of national interest is likely to be included in the pledging of its trade
    . 761-10
    The legislative and regulatory provisions for the maintenance and operation of agricultural and food product markets are not applicable to markets of national interest.
    General Procurement Organization Of national interest is determined by decree in the Council of State.
    The modification of the premises of markets of national interest without a reference perimeter and their transfer shall be freely
    . 761-11
    The prefect exercises the powers of the police within the market of national interest. In the scope of the reference perimeter, it ensures the application of laws and regulations affecting the market and, to this end, denounces the offences committed by the public prosecutor. When the market with its reference perimeter covers several departments, the above powers belong to the prefect designated by the Minister of the Interior.


    Chapter II
    Business events


    L. 762-1
    An exhibition park is an independent closed property set with suitable facilities and equipment having a permanent character and not subject to the authorisation provided for in Article L. 752-1, which welcomes, during all or part of the The year, commercial or other events of a temporary nature.
    The exhibition park is registered with the competent administrative authority. The programme of trade events which it receives each year is the subject of a prior declaration to the competent administrative
    . 762-2
    A trade show is a trade show dedicated to the promotion of a set of professional activities reserved for visitors justifying an access title. It only proposes goods for the personal use of the purchaser, the value of which does not exceed a ceiling fixed by decree.
    Any trade show is the subject of a prior declaration to the authority Competent administrative.
    L. 762-3
    The terms and conditions of this Chapter are determined by an Order in Council.


    Done at Paris, June 8, 2006.


    Jacques Chirac


    By the President of the Republic:


    Prime Minister,

    Dominique de Villepin

    Keeper of the Seals, Minister of Justice,

    Pascal Clément

    The Minister for Overseas,

    François Baroin


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