Commercial court clerks may be appointed without fulfilling the diploma or traineeship conditions provided for respectively in 6° and 8° of article R. 742-1 persons who have successfully completed a post-secondary course of study of at least three years’ duration, or of an equivalent duration on a part-time basis at a university or higher education establishment or at another establishment with an equivalent level of training and, where applicable, the professional training required in addition to this post-secondary course of study and who can justify:
1° Diplomas, certificates or other evidence of formal qualifications entitling them to practise the profession in a Member State of the European Union or in another State party to the Agreement on the European Economic Area issued:
a) Either by the competent authority of that State and attesting to training acquired predominantly in the European Economic Area;
b) Or by a third country, provided that a certificate is provided from the competent authority of the Member State or party which recognised the diplomas, certificates or other evidence of formal qualifications certifying that the holder has at least three years’ professional experience in that State;
2° Or full-time practice of the profession for at least two years during the previous ten years in a Member State or Party which does not regulate the taking up or pursuit of that profession, provided that such practice is attested by the competent authority of that State. However, the condition of two years’ professional experience is not required where the evidence of formal qualifications held by the applicant attests to regulated training directly oriented towards the practice of the profession.
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