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Article L661-6 of the French Commercial code

I.-The following may only be appealed by the public prosecutor: 1° Judgments or orders relating to the appointment or replacement of the administrator, the judicial representative, the commissioner for the implementation of the plan, the liquidator, the auditors, the expert(s); 2° Judgments ruling on the duration of the observation period, on the continuation or cessation of the business. II.-Judgments relating to the modification of the administrator’s mission may only be…

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Article L661-7 of the French Commercial code

Third-party proceedings or appeals to the Court of Cassation may not be brought against: 1° Decisions rendered pursuant to V of Article L. 626-30; 2° The judgments mentioned in Article L. 661-6 and the rulings handed down pursuant to I and II of the same article. An appeal in cassation is only open to the public prosecutor against rulings handed down pursuant to III, IV and V of Article L….

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Article L661-8 of the French Commercial code

Where the public prosecutor is required to be notified of safeguard, receivership or compulsory liquidation proceedings and of cases relating to the liability of corporate officers, an appeal in cassation for failure to notify is open to him alone.

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Article L661-9 of the French Commercial code

If the judgement is overturned requiring the case to be referred back to the court, the court of appeal may open a new observation period. This period is for a maximum of three months. In the event of an appeal against the judgment ruling on the judicial liquidation during the observation period or adopting or rejecting the safeguard plan or the judicial recovery plan and where provisional enforcement is halted,…

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Article L662-2 of the French Commercial code

Where justified by the interests at stake, the court of appeal may decide to refer the case to another court with jurisdiction within the court’s jurisdiction, or to a court mentioned in article L. 721-8 to hear ad hoc mandates, conciliation proceedings or safeguard, receivership or compulsory liquidation proceedings, under conditions set by decree. The Court of Cassation, seised under the same conditions, may refer the case to a court…

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Article L662-3 of the French Commercial code

Discussions before the Commercial Court and the Judicial Court take place in chambers. However, the proceedings are open to the public as of right after the commencement of the proceedings if the debtor, the judicial representative, the administrator, the liquidator, the employees’ representative or the public prosecutor so request. The president of the court may decide that they will take place or continue in the council chamber if disorders arise…

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