Chapter III: Election of commercial court judges

Votes are counted by the committee provided for in article L. 723-13. The results are announced publicly by the chairman of the committee. The list of elected candidates, drawn up in descending order of the number of votes obtained by each of them, is immediately displayed at the commercial court registry. Three copies of the minutes of the elections are signed by the members of the committee. The first copy…

The list of voters signed by the chairman of the committee provided for in article L. 723-13 remains deposited for eight days at the clerk’s office of the commercial court, where it is communicated to any elector who so requests.

Challenges relating to the electorate, eligibility and electoral operations organised under this chapter shall fall within the jurisdiction of the judicial court within whose jurisdiction the seat of the commercial court is located. The judicial court shall have final jurisdiction.

The appeals mentioned in article R. 723-24 are open to any elector within eight days of the proclamation of the results. The appeal is also open to the prefect and the public prosecutor, who may exercise it within fifteen days of receipt of the minutes mentioned in article R. 723-22.

The appeal shall be lodged by application made, delivered or addressed to the registry of the judicial court. The petition shall state the surname, first names and address of the petitioner, the capacity in which he is acting and the subject of the appeal. The petition shall mention the surname, first names and address of the person or persons whose election is contested. The appeal shall be brought to the…

Within ten days of the appeal, the judicial court shall rule without formality, without costs and upon simple notice given three days in advance to all parties involved.

The decision of the judicial court is notified within three days by the clerk’s office to the parties by registered letter with acknowledgement of receipt. The clerk’s office shall notify the prefect and the public prosecutor within the same time limit. The court’s decision is not subject to opposition.

The appeal in cassation shall be lodged and heard under the conditions laid down in articles 999 to 1008 of the Code of Civil Procedure. The time limit for appeal runs from the notification provided for in article R. 723- 28.

Judges whose election is contested may validly take the oath, be installed and sit until the appeal has been finally decided.