TITLE II: The Commercial Court.

In the year in which the members of the commission are up for renewal, the presidents of the commercial courts shall inform the secretary of the commission in writing, by 15 February at the latest, of the surnames, forenames, addresses, dates and places of birth of the judges belonging to their jurisdiction standing as candidates pursuant to 3° of Article L. 724-2. The secretary of the commission draws up the…

The election of the members of the commission mentioned in 3° of article L. 724-2 shall be decided by a majority of the votes cast. In the event of a tie, the oldest candidate is declared elected. Voting is by postal ballot. Each president of the commercial court must write his ballot paper with the names of four of the candidates. Each commercial court president then places his ballot paper…

The Bureau of the Court of Cassation meets between 15 and 31 March at the invitation of the First President. It counts the votes and ranks the candidates in descending order of the number of votes obtained by each. The First President proclaims the four candidates at the top of the list elected as full members and the four candidates at the bottom of the list elected as alternate members….

The list of members of the Commission nationale de discipline des membres des tribunaux de commerce shall be published in the Journal officiel de la République française by order of the First President of the Cour de cassation. The members of the Commission shall be installed in office by the First President of the Cour de cassation between 10 and 20 April following their appointment or election.

A member of the commission who wishes to terminate his or her appointment shall submit his or her resignation to the Keeper of the Seals, Minister of Justice. The resignation is not definitive until it has been accepted by the Minister.

When a vacancy occurs before the expiry date of the terms of office, the member of the commission is replaced and installed within three months in accordance with the procedures laid down for the initial appointment. The member thus appointed completes the term of office of the member he replaces. .

The commission’s secretariat is provided by the secretary general of the first presidency of the Court of Cassation. If the secretary general is unable to act, the secretariat is provided by a judge delegated for this purpose by the first president.

The date and agenda of committee meetings are set by order of the committee chairman. A copy of the order is sent to the Keeper of the Seals, Minister of Justice, and is attached to the notice of meeting sent by the secretary of the commission. The minutes of the sittings are signed by the chairman and the secretary of the commission.