Applications for the office of judge of a commercial court are declared to the prefect. No person may be a candidate for several commercial courts at the same time.
Declarations of candidacy are admissible until 6 p.m. on the twentieth day preceding that of the counting of votes in the first ballot. Declarations must be made in writing and signed by the candidates. They may be individual or collective.
Each candidate must submit with their nomination papers a copy of an identity document and a written declaration stating on their honour that they meet the eligibility conditions set out in 1° to 5° of I of article L. 723-4, that they are not subject to any of the incapacities, incompatibilities, disqualifications or ineligibilities provided for in 1° to 4° of Article L. 723-2 and Articles L. 722-6-1, L. 722-6-2 et L. 723-7, that he is not the subject of a suspension measure taken pursuant to Article L. 724-4 and that he is not a candidate in another commercial court.
For candidacies filed on the basis of II of Article L. 723-4, the written declaration on honour includes the same elements as those mentioned in the previous paragraph, with the exception of the attestation relating to the condition prescribed in 1° of I of the same article. For members and former members of commercial courts who are standing as candidates in a court that is not adjacent to the court in which they were elected, the written declaration must state that the person concerned is domiciled or has a residence within the jurisdiction of the court in which he or she is standing as a candidate or in an adjacent court. For executives standing as candidates under 2° of II of Article L. 723-4, the written declaration shall certify that the person concerned is employed within the jurisdiction of the court where he/she is standing as a candidate or of an adjoining court.
The prefect registers the applications and issues a receipt. The Prefect shall refuse those applications that are not accompanied by the declaration required by the two preceding paragraphs. The prefect shall also refuse applications that do not meet the conditions set out in the third paragraph of this article. He shall notify those concerned of the refusal in writing.
No withdrawal or replacement of a candidacy shall be accepted after it has been registered.
Registered candidacies are posted at the prefecture the day after the deadline for the submission of candidacies and brought to the attention of the public prosecutor at the court of appeal.