When a commercial court cannot be constituted or rule, the court of appeal, seised at the request of the public prosecutor, shall designate, if the provisions of Articles L. 722-13 and L. 722-15, the judicial court located within the jurisdiction of the court of appeal called upon to hear the cases entered on the roll of the commercial court and those subsequently referred to it. If the referral results from the impossibility of complying with the requirements of Article L. 722-2, the judicial court shall only be seised of safeguard, recovery and judicial liquidation cases.
The clerk of the commercial court is not relieved of his duties and continues to exercise his functions with the referring court.