By way of derogation from the provisions of this sub-section, the full remuneration of the court-appointed administrator shall be determined in consideration of the expenses incurred and the diligence performed by him, the complexity of the case, the issues at stake and the objectives set by Articles L. 620-1, L. 631-1 et L. 640-1, and without reference to the tariff provided for in this sub-section where the total remuneration calculated in application of that tariff exceeds €100,000 excluding tax.
In the case provided for in the first paragraph, the administrator’s remuneration, which may not be less than €100,000 excluding tax, is set by the magistrate of the court of appeal delegated for this purpose by the first president, on the recommendation of the official receiver, in the light of a statement of expenses and a statement describing the work performed. The delegated magistrate first obtains the opinion of the public prosecutor and requests the opinion of the debtor. He shall give his decision within six months of the date on which the matter was referred to him. His decision may be appealed to the first president of the court of appeal by the administrator, the debtor or the public prosecutor.
The remuneration provided for in Article R. 663-4 as well as any advance payments received shall remain the property of the court-appointed administrator, up to the limit of the amount determined pursuant to the preceding paragraphs.