Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry and Seal Guard, Minister of Justice,
Considering the trade code;
Considering the new Code of Civil Procedure;
Having regard to Decree No. 87-849 of 19 October 1987 concerning appeals before the Paris Court of Appeal against the decisions of the Conseil de la concurrence;
The State Council (Finance Section) heard,
Decrete:
After Article 1 of the above-mentioned Decree of 19 October 1987, an article 1st-1 is inserted as follows:
"Art. 1-1. - The Conseil de la concurrence is not a party to the proceeding. »
The title of section 1 of the same decree is replaced by the following title: "Remedies under Article L. 464-8 of the Commercial Code".
Article 2 of the same decree is replaced by the following provisions:
“Art. 2. - The remedies provided for in Article L. 464-8 of the Commercial Code are filed by a triple copy written statement filed against receipt at the Court of Appeal of Paris, containing, barely nullity:
1° If the applicant is a natural person, his name, first name, occupation and domicile; if the applicant is a legal entity, its name, form, head office and body that represents it; if the statement is made on behalf of the Minister responsible for the economy, it shall indicate the name and address of the service referred to in the second paragraph of section 16;
2° The subject of appeal.
When the statement does not contain the statement of the grounds invoked, the applicant must, as soon as it is inadmissible, file the statement to the Registry within two months of notification of the Competition Council decision. »
In article 4 of the same decree, the words: "declared ex officio" are inserted after the words: "slightly of the latter's inadmissibility".
Article 5 of the same decree is amended as follows:
1° The first paragraph is replaced by the following:
"As soon as the appeal is registered, the Court of Appeal Registry shall notify a copy of the statement referred to in section 2 and the documents attached to it to the Conseil de la concurrence, as well as the Minister responsible for the economy, if it is not an applicant for appeal. »
2° In the second paragraph, the words "in sections 20 to 22 of the above-mentioned order of 1 December 1986" are replaced by the words "in article L. 463-2 of the trade code".
3° In the last paragraph, the number "9" is replaced by the number "8".
Article 8 of the same decree is replaced by the following provisions:
“Art. 8. - The first president of the Court of Appeal or his or her delegate sets out the deadlines for the parties to the proceeding to communicate their written submissions and file a copy of them at the court office. It sets out the deadlines in which the Competition Council and the Minister responsible for the economy, when not a party to the proceeding, may file written submissions. It also sets the date for discussion.
The Registry shall notify the parties, the Conseil de la concurrence and the Minister responsible for the economy when it is not a party to the proceeding, and summons them at the hearing scheduled for the debates by registered letter with a request for notice of receipt.
The comments made by the Conseil de la concurrence and the Minister responsible for the economy, when he is not a party to the proceeding, are brought to the attention of the parties to the proceeding. »
Article 9 of the same decree is replaced by the following provisions:
“Art. 9. - The Conseil de la concurrence and the Minister responsible for the economy, when not a party to the proceeding, may make oral representations at the hearing at their request or at the request of the first president or the court. »
The title of section 2 of the same decree is replaced by the following title: "Remedies under articles L. 464-1 and L. 464-7 of the Commercial Code".
Article 10 of the same decree is amended as follows:
1° In the first paragraph, the words "in section 12 of the amended December 1, 1986 order" are replaced by the words "in sections L. 464-1 and L. 464-7 of the Commercial Code".
2° The last paragraph is replaced by the following:
"Just as soon as the appeal is inadmissible, the summons is issued to all parties in question before the Competition Council and to the Minister responsible for the economy. »
3° A sub-item is added as follows:
"A copy of the summons is immediately notified to the diligence of the judicial officer in the Conseil de la concurrence by registered letter with request for notice of receipt. »
Article 11 of the same decree is replaced by the following provisions:
“Art. 11. - The Conseil de la concurrence and the Minister responsible for the economy, when he is not a party to the proceeding, may make written and oral submissions. They are presented at the hearing at their request or at the request of the first president or the court. »
In article 12 of the same decree, the words "in articles 12 and 15 of the amended order of 1 December 1986 referred to above" are replaced by the words "in article L. 464-8 of the trade code".
Article 14 of the same decree is replaced by the following provisions:
“Art. 14. - The summons is issued to all parties in question before the Competition Council and the Minister responsible for the economy. A copy of the summons is immediately notified to the diligence of the judicial officer in the Conseil de la concurrence by registered letter with request for notice of receipt. »
The first paragraph of Article 16 of the Decree is replaced by the following provisions:
"Before the Court of Appeal or its first president, the representation and assistance of the parties and the Conseil de la concurrence shall be exercised under the conditions provided for in Article 931 of the new Code of Civil Procedure. »
The first two paragraphs of Article 18 of the Order are replaced by the following:
"The decisions of the Court of Appeal of Paris or its first president shall be notified by registered letter with a request for notice of receipt by the Court's Registry to the parties to the proceeding and to the Minister of Economy when he is not a party to the proceeding.
They are brought to the attention of the Conseil de la concurrence by simple letter at the initiative of the Registry. »
In section 19 of the same decree, the words: "Article 23 of the amended 1 December 1986 order referred to above" are replaced by the words: "Article L. 463-4 of the Commercial Code".
In article 21 of the same decree, the words "of the amended order of 1 December 1986 referred to above" are replaced by the words "of title VI of Book IV of the Commercial Code".
The provisions of this Order shall apply to appeals against the decisions of the Conseil de la concurrence of 1 January 2006.
The Minister of Economy, Finance and Industry, and the Minister of Justice, are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic, each in respect of it.
Done in Paris, December 27, 2005.
Dominique de Villepin
By the Prime Minister:
Minister of Economy,
finance and industry,
Thierry Breton
The Seal Guard, Minister of Justice,
Pascal Clément
