I. – An appeal to the Paris Court of Appeal shall be lodged by means of a written statement lodged in quadruplicate with the registry of the Paris Court of Appeal against a receipt. On pain of inadmissibility pronounced ex officio, it shall contain the particulars prescribed byarticle 648 of the Code of Civil Procedure and specify the subject of the appeal. Where the statement of appeal does not contain a statement of the grounds on which the appeal is based, the applicant must, under the same penalty, lodge this statement with the court registry within 15 days of lodging the statement of appeal. The statement of appeal shall mention the list of supporting documents produced. These exhibits and documents shall be submitted to the Registry of the Court of Appeal at the same time as the statement of appeal. The appellant shall attach a copy of the contested decision to the statement of appeal.
II. – Applications for a stay of execution must be submitted within the same time limit as that set for the appeal. They must be made to the First President of the Paris Court of Appeal by simple application lodged at the Registry. On pain of inadmissibility, it must contain a statement of the grounds on which the appeal is based and specify the date on which the appeal was lodged against the decision for which the stay of execution is sought. The First President or his delegate shall set by order the date of the hearing at which the application for a stay of execution will be examined.
III. – As soon as the appeal is registered, the registry of the court of appeal sends a copy of the declaration to the Autorité des marchés financiers by registered letter with acknowledgement of receipt. If the appeal is lodged by a person other than the person who was the subject of the decision, the registry will notify the latter person of the appeal in the same manner. A copy of the statement is sent by the registry to the public prosecutor.
IV. – The case is communicated to the Public Prosecutor, who is notified of the date of the hearing.
V. – The First President of the Court of Appeal or his delegate shall set the time limits within which the main appellants, the cross-appellants, if any, the Autorité des marchés financiers and the other persons to whom the appeals have been notified must submit their written observations to each other and file a copy at the Court of Appeal registry, as well as the date of the hearing. The clerk’s office will notify the parties and the Autorité des marchés financiers of these deadlines and dates and will summon them to the hearing scheduled by registered letter with acknowledgement of receipt.
The First Chairman or his delegate shall order investigative measures. He shall note the withdrawal.
VI. – The chairman of the Autorité des marchés financiers (AMF) must lodge an incidental appeal, as provided for in the second sentence of the third paragraph of Article L. 621-30, within two months of the AMF being notified of the appeal lodged by the sanctioned person. The appeal shall be lodged under the conditions set out in I of this article, by means of a statement setting out the grounds on which the appeal is based; the parties shall be notified of the appeal by the clerk’s office of the Court of Appeal. If necessary, the time limit set for the exchanges may be modified by the First President or his delegate.
On an appeal or cross-appeal by the AMF Chairman, the Court of Appeal may either uphold the Enforcement Committee’s decision or set it aside or vary it in whole or in part, either in favour of or against the respondent.
VII. – At the hearing, the parties are heard in their observations. Where the Chairman of the Autorité des marchés financiers has not lodged an appeal, the latter may present oral observations at the hearing after the other parties. The Public Prosecutor’s Office has the last word, except for any replies from the parties involved.
VIII. – The parties and the Autorité des marchés financiers shall be represented and assisted under the conditions laid down inArticle 931 of the Code of Civil Procedure.
The decisions of the Paris Court of Appeal or its first president are notified by the registry by registered letter with acknowledgement of receipt.