Section 3: Appeals to the First President of the Paris Court of Appeal against certain decisions of the General Rapporteur of the Competition Authority

By way of derogation from the provisions of Title VI of Book II of the Code of Civil Procedure, the appeals provided for in Article L. 464-8-1 shall be brought, investigated and judged in accordance with the provisions of this Section and Section IV.

The general rapporteur of the Competition Authority shall be a party to the proceedings in accordance with the procedures laid down in this section and in section IV.

The appeal provided for in Article L. 464-8-1 shall be lodged within ten days of notification of the decision of the rapporteur general of the Competition Authority. It shall be brought before the first president of the court of appeal or his delegate by way of summons to a hearing previously indicated by the latter. On pain of nullity, the summons shall contain, in addition to the particulars prescribed for…

The time limit for appeal and any appeal made within that time limit against the decision of the general rapporteur of the Competition Authority refusing protection of business secrecy or lifting the protection granted shall not be suspensive. However, the First President of the Paris Court of Appeal or his delegate may order a stay of execution of the decision if it is likely to entail manifestly excessive consequences.

The application for a stay of execution shall be made by way of a writ of summons in accordance with the procedures set out in the second paragraph of article 485 of the Code of Civil Procedure.

On pain of nullity, the summons shall contain, in addition to the particulars prescribed for bailiff’s documents, a statement of the grounds relied on in support of the application for a stay. Under the same sanction, it specifies the date on which the appeal against the decision for which suspension of enforcement is requested was lodged.

On pain of lapsing of the application raised ex officio, the summons shall be issued to the rapporteur general of the Competition Authority and, where applicable, to the respondent having asked the rapporteur general for access to the confidential version of a document that it considers necessary to exercise its rights.

The appeal in cassation provided for in article L. 464-8-1 is lodged within ten days of notification of the order by the First President or his delegate. The appeal shall be heard and determined in accordance with the rules applicable to proceedings with compulsory representation, subject to the time limits for the submission and notification of pleadings provided for in Articles 978 and 982 of the Code of Civil Procedure,…