Paragraph 3: Appeals against decisions by the Conseil des maisons de vente, the Enforcement Committee or their chairmen

Appeals against decisions of the Conseil des maisons de vente, the Enforcement Committee or their chairmen may be lodged by any means that confers a date certain with the registry of the Paris Court of Appeal.

The time limit for appeals is one month from notification of the decision. However, this period runs from the date of the decision for appeals lodged by the Government Commissioner.

The appeal does not suspend enforcement. However, the First President of the Paris Court of Appeal, ruling in summary proceedings, may suspend the execution of the decision or of some of its effects, where it is likely to entail manifestly excessive consequences or where a plea is made that is likely to create, in the state of the investigation, a serious doubt as to the legality of the decision.

The appeal is investigated and judged according to the rules applicable to the procedure without compulsory representation, the public prosecutor being heard. It shall be notified to the Conseil des maisons de vente and, where applicable, to the Enforcement Committee, to the professional concerned and to the Government Commissioner. In the event of an appeal against the decisions of the Conseil des maisons de vente, its chairman or the chairman…

Discussions before the Court of Appeal and its first president are public. However, the court and its first president may decide that the proceedings will not be public if the professional concerned expressly so requests or if their public nature would result in an infringement of a secret protected by law or of the privacy of private life; mention of this shall be made in the decision.

The decision of the Court of Appeal or of its First President shall be notified, at the registry’s request, by any means giving a date certain to the parties, the Government Commissioner and the Public Prosecutor.