Key Benefits:
Publics concerned: actors in the distribution of the press and their councils, clerks and magistrates of the Paris Court of Appeal.
Subject: derogatory appeal proceedings before the Paris Court of Appeal against the decisions of the Press Distribution Regulatory Authority and the High Council of Press Messaging on the distribution of the press.
Entry into force: the text comes into force on the day after its publication.
Notice: this decree amends Decree No. 2012-373 of 16 March 2012 adopted for the application of the Act No. 47-585 of 2 April 1947 modified by Act No. 2015-433 of 17 April 2015 and related to the decisions of the Press Distribution Regulatory Authority (ARDP) and the High Council of Press Messaging (CSMP). To take into account the new division of competence between the two authorities for regulating the distribution of the press, established by the Act No. 2015-433 of 17 April 2015, the decree supplements the rules of publicity of the decisions of the general scope of the CSMP and the ARDP, necessary for the possible exercise of litigation against these decisions. It extends the procedural derogatory rules before the Paris Court of Appeal to appeals against decisions of individual scope taken by the CSMP as well as to the decisions taken by the ARDP when reforming the decisions of the council or replacing it, in accordance with the ARDP Act No. 47-585 of 2 April 1947 amended.
References: the text amended by this decree can be consulted, in its version, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Culture and Communications,
Vu le code of the judicial organizationincluding article D. 311-9;
Vu le Code of Civil Procedure ;
Vu la Act No. 47-585 of 2 April 1947 relating to the status of grouping and distribution undertakings of periodic newspapers and publications, last amended by Act No. 2015-433 of 17 April 2015 to modernize the press sector;
Vu le Decree No. 2012-373 of 16 March 2012 taken for the application of articles 18-12 and 18-13 Act No. 47-585 of 2 April 1947 and concerning the decisions of the Press Distribution Regulatory Authority and the High Council of Press Messaging;
The State Council (inland section) heard,
Decrete:
After the first paragraph of Article 11 of the above-mentioned Decree of 16 March 2012, a sub-item is inserted:
"This appeal is not suspensive. »
The last paragraph of Article 12 and the last paragraph of Article 13 of the same Decree shall be deleted.
Article 16 of the same decree is thus written:
"Art. 16.-They made public:
« 1° The general decisions of the High Council of Press Messaging issued by the Press Distribution Regulatory Authority pursuant to the second and third paragraphs of Article 18-13 of the above-mentioned Act of 2 April 1947;
« 2° The decisions by which the Press Distribution Regulatory Authority shall, at the end of the fifteen-day period set out in the third paragraph of Article 18-13 of the Act, maintain its refusal to enforce a general decision of the Higher Council of Press Messaging;
« 3° The general decisions of the Conseil supérieur des courriers de presse modified and rendered enforceable by the Autorité de régulation de la distribution de la presse, pursuant to the second and third paragraphs of Article 18-13 of the same Law;
« 4° The general decisions of the Press Distribution Regulatory Authority have replaced the High Council of Press Messaging pursuant to Article 18-12-1 of the Act.
"The rules of procedure of the Conseil Supérieur des Messagings de presse specify the terms of advertising of the decisions mentioned in 1° above. The rules of procedure of the Autorité de regulation de la distribution de la presse specify the terms of advertising of the decisions mentioned in 2°, 3° and 4° above. »
Article 17 of the same decree reads as follows:
"Art. 17.-May be subject to an appeal for annulment or reform before the Paris Court of Appeal the following decisions:
« 1° The general decisions of the High Council of Press Messaging issued by the Press Distribution Regulatory Authority pursuant to the second and third paragraphs of Article 18-13 of the above-mentioned Act of 2 April 1947;
« 2° The decisions by which the Press Distribution Regulatory Authority shall, at the end of the fifteen-day period set out in the third paragraph of Article 18-13 of the Act, maintain its refusal to enforce a general decision of the Higher Council of Press Messaging;
« 3° The general decisions of the Conseil supérieur des courriers de presse modified and rendered enforceable by the Autorité de régulation de la distribution de la presse, pursuant to the second and third paragraphs of Article 18-13 of the same Law;
« 4° The general decisions of the Press Distribution Regulatory Authority have replaced the High Council of Press Messaging pursuant to Article 18-12-1 of the Act.
"By derogation from the provisions of Title VI of Book II of the Code of Civil Procedure, appeals against such decisions shall be filed, heard and tried in accordance with the provisions of this chapter. »
Article 23 of the same decree is amended as follows:
1° In the first paragraph, the words "sixth preambular paragraph" are replaced by the words "fifth preambular paragraph";
2° A second preambular paragraph was added:
"By derogation from the provisions of Title VI of Book II of the Code of Civil Procedure, these appeals are filed, instructed and tried in accordance with articles 18-22 of this Decree. However, the provisions providing, on the one hand, a copy of the notice of appeal and the documents to the Press Distribution Regulatory Authority and, on the other hand, the handover of the notice of appeal to the Public Prosecutor's Office and the communication of the case to the Public Prosecutor's Office are not applicable. »
The 5th of Article D. 311-9 of the Code of the Judicial Organization is thus written:
« 5° Decisions taken by the Press Distribution Regulatory Authority and the Superior Council of Press Messaging under the articles 18-12,18-12-1 and 18-13 Act No. 47-585 of 2 April 1947. »
The guard of the seals, Minister of Justice, 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 November 10, 2015.
Manuel Valls
By the Prime Minister:
Minister of Culture and Communication,
Flower Pellerin
The Seal Guard, Minister of Justice,
Christiane Taubira
