If the Chairman or a Deputy Chairman considers, either on the basis of the supporting documents referred to in Article R. 1142-13, or on the basis of the observations of the expert(s) to whom he has submitted these documents pursuant to Article R. 1142-14, or, after the expert appraisal provided for in Article R. 1142-15-2, that the damage suffered is clearly not of the serious nature referred to in II of Article L. 1142-1, he shall declare the Commission incompetent. In other cases, it shall submit the decision to the Commission for deliberation. The claimant and the professional, establishment, centre, healthcare organisation or producer, operator or distributor of healthcare products concerned by the claim, as well as their insurer and the social security organisation to which the victim was affiliated, are informed by registered letter with acknowledgement of receipt.
The registered letter sent to the claimant informs him/her of the possibility of referring the matter to the Commission with a view to conciliation.