Section 4: Discipline of sworn merchandise brokers

As soon as it appears that a sworn goods broker may have committed one of the breaches provided for in article L. 131-32, the public prosecutor, either on his own initiative or following a complaint from any interested party, shall carry out any useful investigation. If necessary, the Public Prosecutor will institute proceedings against the sworn freight broker before the judicial court sitting as a disciplinary panel. He ensures and…

The prosecuted sworn goods broker is summoned to appear by the public prosecutor at the judicial court.

The court shall give its decision, stating its reasons, after hearing the public prosecutor, the sworn goods broker being prosecuted and, where appropriate, his lawyer.

The prosecuted sworn freight broker and the Public Prosecutor are notified of the decision by registered letter with acknowledgement of receipt. The notification shall indicate the time limit and procedures for appealing against the decision. This appeal is lodged with the Court of Appeal. It must be lodged within one month by declaration to the court registry or by registered letter with acknowledgement of receipt sent to the court registry….

Where justified by the urgency of the situation, the president of the judicial court may, at the request of the public prosecutor, temporarily suspend a sworn goods broker where the latter is the subject of criminal or disciplinary proceedings, after having given the interested party the opportunity to provide explanations. The president of the judicial court may, at the request of the public prosecutor, or at the request of the…

At the request of the public prosecutor at the court of appeal on whose list the sworn goods broker is registered, the disciplinary sanction and the decision to provisionally suspend are brought to the attention of the judicial and consular magistrates within the jurisdiction of this court. The end of the provisional suspension is brought to the attention of the judicial magistrates and consular magistrates under the same conditions.