Decree No. 2005-1667 Of 27 December 2005 Amending Decree No 87-849 Of 19 October 1987 Relating To Appeals Before The Court Of Appeal Of Paris Against Decisions Of The Competition Council

Original Language Title: Décret n° 2005-1667 du 27 décembre 2005 modifiant le décret n° 87-849 du 19 octobre 1987 relatif aux recours exercés devant la cour d'appel de Paris contre les décisions du Conseil de la concurrence

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Keywords

ECONOMICS, FINANCE
,
NOW, CONTROL
PRICE
COMPETITION COUNCIL
COMPETITION
ACTION, ACTION REVIEW | ||,
APPLICANT, PERSON
,
INSTRUCTION, PROCEDURE
,
oBSERVATION,
HEARING COURT OF APPEAL
, INDEPENDENT ADMINISTRATIVE AUTHORITY
AAI
,
ORGANIZATION
JURISDICTION
SANCTION, COMPETENT AUTHORITY
JORF No 302 of 29 December 2005

page 20215 text n ° 30

Decree No. 2005-1667 of 27 December 2005 amending Decree No 87-849 of 19 October 1987 relating to appeals before the Court of Appeal of Paris against decisions of the Competition Council
NOR: ECOC0500158D
ELI: https://www.legifrance.gouv.fr/eli/decret/2005/12/27/ECOC0500158D/jo/texte
AKA: https://www.legifrance.gouv.fr/ eli / decree / 2005/12/27 / 2005-1667 / jo / text


Prime Minister
On the report of the Minister of Economy, Finance and Industry and Minister of Justice, Minister of Justice,
Given the Commercial Code;
Given the new code of civil procedure;
Considering Decree No. 87-849 of 19 October 1987 relating to appeals before the Court of Appeal of Paris against decisions of the Competition Council;
The Council of State (Finance section) heard
Decrees:


Article 1
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After Article 1 of the Decree of 19 October 1987 referred to above, is inserted first-section 1 reads:
"Art. 1-1. - The Competition Council is not a party to the proceeding. "

Article 2
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The heading of Section 1 of the Order is replaced by the following heading: "The remedies provided for in Article L. 464-8 of the Commercial Code".


Article 3 More about this article ...

Article 2 of the Order is replaced by the following:
"Art. 2. - The proceedings provided for in Article L. 464-8 of the Commercial Code are formed by a written declaration in triplicate filed against receipt at the Registry of the Court of Appeal of Paris containing, under penalty of nullity: || | 1. If the applicant is a natural person, his full name, occupation and address; if the applicant is a corporation, its name, form, registered office and the body that represents it; if the statement is made on behalf of the Minister for the Economy, it indicates the name and address of the service mentioned in the second paragraph of Article 16;
2. The appeal.
If the declaration does not contain the statement of the grounds, the applicant must, on pain of ex officio inadmissibility, to file such statement with the registry within two months of notification of the decision of the Competition Council. "


Article 4 More about this article ...

In Article 4 of the Order, the words "pronounced ex" are added after the words "just this last inadmissible".


Article 5 More about this article ...

Article 5 of the Order is amended as follows:
1. The first paragraph is replaced by the following:
"Upon the registration of the appeal, the Registry of the Court of Appeal notify a copy of the statement referred to in Article 2 and parts that are attached to the Competition Council and to the Minister for the economy is not requesting the appeal. "
2. In the second paragraph, the words "in Articles 20 to 22 of the order of 1 December 1986 referred to above 'is replaced by the words:" in Article L. 463-2 of the Commercial Code ".
3. In the last paragraph, the number "9" is replaced by the figure "8".

Article 6
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Article 8 of the Order is replaced by the following:
"Art. 8. - The first president of the appeal court or his delegate sets the limits within which the parties to the proceeding must exchange their written observations and file copy to the office of the court. It sets the limits within which the Competition Council and the Minister for the Economy, when not party to the proceeding, can produce written comments. It also fixed the date of the debate.
The Registry shall notify these deadlines to the parties, the Competition Council and the Minister for the Economy when not party to the proceeding, and shall convene the hearing scheduled for debate by registered letter with return receipt.
The comments submitted by the Competition Council and the Minister for the Economy, when not party to the proceedings are brought by the Registry communicated to the parties to the proceeding. "



Article 7 Learn more about this item ...

Article 9 of the Order is replaced by the following:
"Art. 9. - The Competition Council and the Minister for the Economy, when not party to the proceeding, may make oral submissions at the hearing at their request or at the request of the president or of the court. "

Article 8
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The heading of Section 2 of the Order is replaced by the following heading: "The remedies provided in Articles L. 464-1 and L. 464-7 of the Commercial Code".

Article 9
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Article 10 of the Order is amended as follows:
1. In the first paragraph, the words "in Article 12 of the Ordinance of 1 December 1986, as amended" are replaced by the words "in Articles L. 464-1 and L. 464-7 of the Commercial Code" .
2. The last paragraph is replaced by the following:
"A penalty of inadmissible pronounced ex officio, the summons is issued to all parties before the Competition Council and the Minister for the Economy. "
3 ° is added a paragraph as follows:
"A copy of the summons shall be immediately notified to the diligence of the bailiff to the Competition Council by registered letter with acknowledgment of receipt. "

Article 10
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Article 11 of the Order is replaced by the following:
"Art. 11. - The Competition Council and the Minister for the Economy, when not party to the case, have the right to make written and oral submissions. These are presented at the hearing at their request or at the request of the president or of the court. "

Article 11
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In Article 12 of the same decree, the words "Articles 12 and 15 of the Ordinance of 1 December 1986 aforementioned modified" are replaced by the words: "in Article L. 464-8 of the Code of business ".

Article 12
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Article 14 of the Order is replaced by the following:
"Art. 14. - A penalty of inadmissibility of the application delivered automatically, the summons is issued to all parties before the Competition Council and the Minister for the Economy. A copy of the summons shall be immediately notified to the diligence of the bailiff to the Competition Council by registered letter with acknowledgment of receipt. "

Article 13
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The first paragraph of Article 16 of the Order is replaced by the following:
"In front of the court of appeal or the first president, the representation and assistance of the parties and the Competition Council shall be exercised in accordance with Article 931 of the new Code of Civil Procedure. "

Article 14
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The first two paragraphs of Article 18 of the Order are replaced by the following:
"The decisions of the Appeal Court of Paris or the first president shall be notified by registered letter with acknowledgment of receipt by the registry of the court to the parties to the proceeding and the Minister of Economy when is not a party to the proceeding.
They are brought to the attention of the Competition Council by letter to the Registry initiative. "

Article 15
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In Article 19 of the same decree, the words "Article 23 of the Ordinance of 1 December 1986 aforementioned modified" are replaced by the words "Article L. 463-4 of the Commercial Code ".

Article 16
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In Article 21 of the same decree, the words "of the order of 1 December 1986 aforementioned modified" are replaced by the words "Title VI of Book IV of the Commercial Code".

Article 17
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The provisions of this decree shall apply to actions brought against decisions of the Competition Council made on or after 1 January 2006.

Article 18
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The Minister of Economy, Finance and Industry and the Minister of Justice, Minister of Justice, are responsible, each in regards to the execution of this decree, to be published in Official Journal of the French Republic.


Done at Paris on 27 December 2005. Dominique de Villepin

By the Prime Minister:
The Minister of Economy, Finance
and Industry, Thierry Breton


The Minister of Justice, Minister of Justice, Pascal Clément

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