Key Benefits:
Publics concerned: actors in the distribution of the press, clerks of the Paris Court of Appeal.
Subject: procedures applicable to the Autorité de regulation de la distribution de la presse and the Paris Court of Appeal concerning the distribution of the press.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree specifies the procedure followed before the Press Distribution Regulatory Authority for the settlement of disputes between the distribution actors (messageries, sales agents) in case of seizure by either party or by the Higher Council of Press Messaging. It sets the rules of procedure before the Paris Court of Appeal for appeals against decisions taken by the Autorité de la regulation de la distribution de la presse and the Conseil supérieur des messagings de presse, whether it be decisions of dispute resolution, decisions of general scope having enforceable force or decisions of individual character.
References: this decree is taken for the application of theArticle 4 of Act No. 2011-852 of 20 July 2011 relative to the regulation of the press distribution system. The decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Culture and Communications,
Considering the Civil Procedure Code;
Considering the code of the judicial organization, including its article D. 311-9;
Vu la Act No. 47-585 of 2 April 1947 relating to the status of the grouping and distribution undertakings of amended newspapers and publications, including articles 18-12 and 18-13 of the Act No. 2011-852 of 20 July 2011 ;
The State Council (inland section) heard,
Decrete:
The parties to the conciliation procedure before the High Council of Press Messaging, scheduled for theArticle 18-11 of the Act of 2 April 1947 referred to above, have a period of one month to apply to the competent court or the Press Distribution Regulatory Authority, beginning either with the two-month period provided for in the first paragraph of Article 18-12 of the same Law, or with the notification of a notice of non-conciliation before that term.
The seizure of the Autorité de regulation de la distribution de la presse by a party to the conciliation procedure before the Conseil supérieur desvois de presse involves:
1° The name, first name, occupation and address of the applicant or, if the applicant is a legal person, his or her form, his or her name or social reason, the address of his or her head office and the name of his or her legal representatives;
2° Where applicable, the name or advice chosen to assist or represent the applicant, with, in the event of a plurality of advice, the name of the person in respect of whom the proceedings are validly performed;
3° The list and address of the party(s) that the applicant calls into question;
4° The object of the referral with a presentation of the means and the pieces on which the referral is based.
The procedure for transmitting the referral to the Authority is specified in its rules of procedure.
The Autorité de regulation de la distribution de la presse informs without delay the Conseil supérieur of the press messaging of this referral.
When a party to the conciliation procedure before the High Council of Press Messaging is brought before the competent court, it shall promptly inform that Council.
In the absence of a referral from the competent jurisdiction or from the Press Distribution Control Authority after the one-month period provided for in Article 1, the President of the Higher Council of Press Messaging shall have a period of one month to apply to the Authority.
This case includes:
1° The list and address of the parties present in the conciliation proceedings;
2° A copy of the minutes issued after the conciliation proceedings;
3° The case file of conciliation proceedings.
The Press Distribution Regulatory Authority shall notify the parties to the conciliation procedure of its referral and request them to provide their observations and documents within a time limit set by it.
The Press Distribution Regulatory Authority shall communicate to each of the parties the observations and documents filed by the other parties and shall set the time limit in which it shall be replied.
The president of the Press Distribution Regulatory Authority may designate a rapporteur to instruct the request and to propose to the Authority any useful measures.
The Committee rejects, without instruction, applications that are manifestly inadmissible or unfounded.
The summonses to the dispute review sessions shall be sent to the parties by registered letter with a request for a notice of receipt, unless urgent, at least two weeks before the day of the meeting.
The sessions of the Press Distribution Regulatory Authority are public unless requested by all parties. If the application does not emanate from all parties, the Authority may hold a session outside the presence of the public when it considers that the circumstances warrant it.
Parties may make oral comments during the session and be represented or assisted by the person of their choice.
The Authority shall, as appropriate, issue any other person.
If a rapporteur has been appointed, he shall present in a meeting the means and conclusions of the parties and make a notice. He doesn't take part in the deliberation.
The two-month period available to the Press Distribution Regulatory Authority to decide on a dispute is appreciated from the registration of the referral or the regularization of this referral.
If there is a need to conduct investigations or expertise, the Authority may extend this period to four months, by a reasoned decision that is notified to the parties by registered letter with a request for notice of receipt.
The rules of procedure of the Press Distribution Regulatory Authority shall specify the terms of notification to the parties and the publication of the dispute settlement decisions.
By derogation from the provisions of Title VI of Book II of the Code of Civil Procedure, appeals against the decisions of dispute settlement made by the Autorité de regulation de la distribution de la presse, provided for in theArticle 18-12 of the Act of 2 April 1947 referred to aboveshall be trained, educated and judged in accordance with the provisions of this chapter.
The appeal is filed by written declaration filed in four copies at the office of the Court of Appeal in Paris against receipt.
In the event of an irreceivability, the statement specifies the subject matter of the appeal and contains a statement of the applicant's means. Where the notice of appeal does not contain the statement of the alleged means, the appellant shall, under the same penalty, file the statement to the Registry within fifteen days after the filing of the statement.
The notice of appeal refers to the list of documents and supporting documents produced. These documents and documents are delivered to the Court of Appeal Registry at the same time as the statement. A copy of the decision under appeal is attached to the complaint.
Upon registration of the appeal, the Registry of the Court of Appeal shall, by registered letter with a request for a notice of receipt, transmit a copy of the notice of appeal and the documents attached to it to the parties concerned, as well as to the Press Distribution Regulatory Authority.
A copy of the statement is provided by the Registry to the Public Prosecutor ' s Office.
The Court of Appeal ruled after the parties and the Press Distribution Regulatory Authority were allowed to present their observations.
The first president of the Court of Appeal sets out the deadlines for the parties to the proceeding to communicate their written comments and documents and file a copy of them at the court's office. If it deems it useful to submit comments, the Press Distribution Regulatory Authority shall forward them to the parties and file copies thereof to the Registry.
The first president orders the measures of instruction. He sees the disobedience. It also sets the date for discussion.
The Registry shall notify the parties and the Press Distribution Regulatory Authority and summons them at the hearing scheduled for the debates by registered letter with a request for notice of receipt. They have the ability to be assisted or represented by a lawyer.
The case is communicated to the Public Prosecutor's Office, which is notified of the date of the hearing.
The requests for a stay of execution presented to the first president of the Court of Appeal in Paris are formed by a simple request filed at the Registry. In the event of an inadmissibility, the application contains a statement of the means invoked and specifies the date on which the appeal against the decision on which the stay of execution is requested.
The first president shall, by order, fix the date of the hearing to which the request for a stay will be examined.
The applicant shall transmit to the other party and to the Press Distribution Authority a copy of the request and order.
The decisions of the Court of Appeal of Paris or its first president are notified by the Registry to the parties and to the Autorité de régulation de la distribution de la presse by registered letter with request for a notice of receipt.
Are made public in accordance with the terms defined by the rules of procedure of the High Council of Press Messaging:
1° The decisions of general scope of the Conseil supérieur des messagings de presse rendered enforceable by the Autorité de regulation de la distribution de la presse, foreseen in the fifth paragraph of section 18-13 of the above-mentioned Act of 2 April 1947 ;
2° The decisions of the Press Distribution Regulatory Authority to maintain, at the end of the fifteen-day period set out in the third paragraph of Article 18-13 of the Act, its refusal to enforce a general decision of the Supreme Council of Press Messaging.
By derogation from the provisions of Title VI of Book II of the Code of Civil Procedure, appeals against decisions set out in the preceding article shall be filed, heard and tried in accordance with the provisions of this chapter.
The appeal is filed by written declaration filed in four copies at the office of the Court of Appeal in Paris against receipt within one month of the publication of the decision.
This appeal is not suspensive.
In the event of an irreceivability, the statement specifies the subject matter of the appeal and contains a statement of the applicant's means. Where the notice of appeal does not contain the statement of the alleged means, the appellant shall, under the same penalty, file the statement to the Registry within fifteen days after the filing of the statement.
The notice of appeal refers to the list of documents and supporting documents produced. These documents and documents are delivered to the Court of Appeal Registry at the same time as the statement. A copy of the decision under appeal is attached to the complaint.
Upon registration of the appeal, the Registry of the Court of Appeal shall, by registered letter with a request for a notice of receipt, transmit a copy of the notice of appeal and the documents attached to it to the Conseil supérieur des courriers de presse and to the Autorité de régulation de la distribution de la presse that are parties to the proceeding.
A copy of the statement is provided by the Registry to the Public Prosecutor ' s Office.
The Court of Appeal ruled after the parties were allowed to present their observations.
The first president of the Court of Appeal sets out the deadlines for the parties to the proceeding to communicate their written comments and documents and file a copy of them at the court's office.
The first president orders the measures of instruction. He sees the disobedience. It also sets the date for discussion.
The Registry shall notify the parties of these delays, summon them to the hearing scheduled for the proceedings by registered letter with a request for notice of receipt. They have the ability to be assisted or represented by a lawyer.
The case is communicated to the Public Prosecutor's Office, which is notified of the date of the hearing.
The requests for a stay of execution presented to the first president of the Court of Appeal in Paris are formed by a simple request filed at the Registry. In the event of an inadmissibility, the application contains a statement of the means invoked and specifies the date on which the appeal against the decision on which the stay of execution is requested.
The first president shall, by order, fix the date of the hearing to which the request for a stay will be examined.
The applicant on probation shall transmit to the other parties a copy of the request and order.
The decisions of the Paris Court of Appeal or its first president are notified by the Registry to the parties by registered letter with a request for notice of receipt.
By derogation fromArticle 612 of the Civil Procedure Code, the cassation appeal is filed within one month of this notification.
The time limit for appeal against individual decisions of the High Council of Press Messaging, as set out in the sixth paragraph of Article 18-13 of the Act of 2 April 1947, is, for persons covered by these acts, one month from the date of their notification and, for third parties, one month from the date of their posting on a freely accessible part of the Council's website.
Article D. 311-9 of the Code of the Judiciary Organization is supplemented by a paragraph as follows:
« 5° Decisions taken by the Press Distribution Regulatory Authority and the Higher Council of Press Messaging under the articles 18-12 and 18-13 of Act No. 47-585 of 2 April 1947. »
Decree No. 88-136 of 9 February 1988 establishing the conditions of remuneration of agents of the sale of the press is repealed.
The guard of the seals, Minister of Justice and Freedoms, and the Minister of Culture and Communication are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on March 16, 2012.
François Fillon
By the Prime Minister:
Minister of Culture
and communication,
Frédéric Mitterrand
The guard of the seals,
Minister of Justice and Freedoms,
Michel Mercier
