When the public prosecutor requests, pursuant to Article L. 631-19-1, that the adoption of the plan be made subject to the replacement of one or more directors, it shall refer the matter to the court by a request stating the facts in support of the request.
The president of the court shall have the court clerk summon the director(s) of the legal entity whose replacement is requested, at least fifteen days before the hearing, by writ issued by a bailiff.This summons shall be accompanied by the request of the public prosecutor.
The court shall rule after hearing or duly summoning, where applicable, the debtor, the administrator if one has been appointed, the judicial representative as well as the representatives of the staff delegation of the social and economic committee.
The judgment shall be served at the instance of the court clerk to each director in question and to the legal representative of the legal entity. The persons cited in Article R. 621-7 as well as the representatives of the staff delegation of the social and economic committee are notified of this judgment.