Where the Commercial Court rules in matters of safeguarding, judicial recovery or liquidation, judicial settlement or liquidation of assets, the panel of judges shall include, subject to the application of the provisions of article L. 722-15, a majority of judges who have held judicial office for more than two years.
The panel of judges is presided over by the president of the commercial court or by a judge of that court who has held judicial office for at least three years, subject to the application of the provisions of article L. 722-15.
The President of the Commercial Court hears, within the limits of the jurisdiction of the Commercial Court, applications made pursuant to Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure.
When a commercial court cannot be constituted or rule, the court of appeal, seised at the request of the public prosecutor, shall designate, if the provisions of Articles L. 722-13 and L. 722-15, the judicial court located within the jurisdiction of the court of appeal called upon to hear the cases entered on the roll of the commercial court and those subsequently referred to it. If the referral results from…
When the impediment that gave rise to the transfer has ceased, the Court of Appeal, at the request of the Public Prosecutor, sets the date from which the Commercial Court will again hear the cases within its jurisdiction. On that date, the cases are transferred as they stand to the Commercial Court. However, the referring court continues to hear conciliation cases and, where a decision is taken on the merits,…
Subject to the provisions relating to supplementary elections set out in the second paragraph of Article L. 723-11, judges of the commercial courts are elected for two years at the time of their first election. After a first term, they may be re-elected for a period of four years, in the same court or in any other commercial court. When the term of office of commercial court judges expires before…
The office of commercial court judge is incompatible with the exercise of an office of labour councillor, an office of president of a public establishment in the network of chambers of commerce and industry or the network of chambers of trade and crafts or another office of commercial court judge. Commercial court judges may neither exercise the professions of lawyer, notary, bailiff, auctioneer, commercial court clerk, court administrator and judicial…
The office of commercial court judge is incompatible with holding office as a representative in the European Parliament. It is also incompatible with holding office as a regional councillor, departmental councillor, municipal councillor, arrondissement councillor, Paris councillor, Lyon metropolitan councillor, councillor to the Corsican Assembly, councillor to the Guiana Assembly or councillor to the Martinique Assembly, within the jurisdiction of the court in which the person concerned holds office.
Any candidate elected to the office of commercial court judge who finds himself in one of the cases of incompatibility mentioned in articles L. 722-6-1 and L. 722-6-2 may not take office until he has put an end to this situation, within a period of one month, by ceasing to exercise the incompatible profession or by resigning from the office of his choice. If he fails to make this choice…
Before taking office, commercial court judges take an oath. The oath is as follows: I swear to perform my duties well and faithfully, to keep the deliberations secret and to conduct myself in everything as a worthy and loyal judge. It is received by the court of appeal, where the commercial court is established at the seat of the court of appeal and, in other cases, by the judicial court…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
