Chapter IV: Discipline of commercial court judges.

Any breach by a commercial court judge of the duties of his office, of honour, probity or dignity constitutes a disciplinary offence.

Aside from any disciplinary action, the first presidents of the courts of appeal have the power to issue a warning to the judges of the commercial courts located within the jurisdiction of their court, after obtaining the opinion of the president of the commercial court in which the judge concerned practises.

Disciplinary power is exercised by a national disciplinary commission which is chaired by a chamber president at the Cour de cassation, appointed by the first president of the Cour de cassation, and which comprises: 1° A member of the Conseil d’Etat appointed by the vice-president of the Conseil d’Etat; 2° Two judges from the courts of appeal appointed by the first president of the Cour de cassation from a list…

After the interested party has been heard by the first president of the court of appeal within whose jurisdiction the commercial court has its seat, the matter may be referred to the national disciplinary commission by the Minister of Justice or by the first president.

The disciplinary sanctions applicable to commercial court judges are: 1° A reprimand; 2° A ban on being appointed to single-judge functions for a maximum of five years; 3° Disqualification accompanied by ineligibility for a maximum of ten years; 4° Disqualification accompanied by permanent ineligibility.

The termination of office for any reason whatsoever does not preclude the institution of proceedings and the pronouncement of disciplinary sanctions. In this case, the disciplinary sanctions applicable are: 1° Withdrawal of the honorary office; 2° Ineligibility for a maximum period of ten years; 3° Permanent ineligibility.

Any litigant who considers that, in the course of legal proceedings concerning him or her, the conduct adopted by a commercial court judge in the performance of his or her duties is liable to be classified as disciplinary may refer the matter to the national disciplinary commission for commercial court judges. This referral does not constitute grounds for disqualification of the magistrate. The complaint is examined by a committee for…

The National Disciplinary Committee may only deliberate if at least four of its members, including the chairman, are present. In the event of a tie, the chairman shall have the casting vote.

The decisions of the National Disciplinary Committee and those of its Chairman shall state the reasons on which they are based. They may be appealed only to the Cour de cassation.