Section 2: Status of commercial court judges

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…

The cessation of the duties of a commercial court judge results from: 1° The expiry of the electoral mandate, subject to the provisions of the second paragraph of Article L. 722-6 and the third paragraph of article L. 722-11; 2° Of the abolition of the court; 3° Of resignation; 4° Of disqualification.

When safeguard, receivership or liquidation proceedings are opened against a judge of a commercial court, the person concerned ceases to hold office from the date of the opening judgment. He shall be deemed to have resigned. The same provisions apply to a commercial court judge who has one of the qualities mentioned in the first paragraph of Article L. 713-3, when the company or public establishment to which it belongs…

When a judicial tribunal has been designated under the conditions provided for in Article L. 722-4, the term of office of the judges of the Commercial Court relinquished shall not be interrupted during the period of relinquishment.

The president of the commercial court is chosen from among the judges of the court who have held office in a commercial court for at least six years, subject to the provisions of Article L. 722-13. The Chairman is elected for a four-year term by secret ballot by the judges of the Commercial Court meeting in general assembly under the chairmanship of the outgoing Chairman or, in his absence, the…

Where, for any reason whatsoever, the president of the commercial court ceases to hold office during his term, the new president shall be elected within three months for the remainder of his predecessor’s term. If the president is prevented from carrying out his duties, he shall be replaced by the judge he has designated. If no judge is designated or if the designated judge is unable to act, the president…