Chapter III: Relations between cinema exhibitors and distributors of cinematographic works

The Film Ombudsman is appointed, after consultation with the Competition Authority, by decree on the report of the Minister for Culture and the Minister for the Economy, for a renewable term of four years. He is chosen from among the members of the Conseil d’Etat, the Cour de Cassation or the Cour des Comptes.

The Film Ombudsman may be assisted by qualified persons whom he appoints after consultation with the Chairman of the Centre national du cinéma et de l’image animée.

The matter may be referred to the mediator for conciliation by the most diligent party, who shall submit to the mediator in writing or orally a request setting out the points at issue in the dispute. The matter may also be referred to the mediator by any interested professional or trade union organisation or by the Chairman of the Centre National du Cinéma et de l’Image Animée, or the mediator…

When examining each case, the mediator shall invite the parties to provide him with all the details he deems necessary and may hear any person whose testimony he deems useful.The mediator and the qualified persons who assist him are bound to maintain secrecy regarding the cases brought to their attention. Only persons summoned by the mediator may attend meetings.

The mediator may not accept any fact, grievance or piece of evidence without informing the parties concerned in a manner that allows them to discuss its merits.The parties may be assisted by a lawyer or any other person of their choice.

In the event of conciliation, the mediator draws up a report, signed by him and by the parties involved, recording the conciliation, specifying the measures to be taken to put an end to the disputed situation and setting a deadline for the implementation of these measures.

If conciliation fails, the mediator shall invite the party that referred the matter to him to state in writing, within a time limit set by the mediator, the subject of his request and the grounds on which it is based. As soon as the mediator receives the request, he will notify it to the other party by registered letter with acknowledgement of receipt or by electronic registered letter within the…

The mediator may issue an injunction specifying the measures he considers likely to put an end to the disputed situation. The injunction is notified to the parties by registered letter with acknowledgement of receipt or by electronic registered letter within the meaning of article R. 53 of the French Post and Electronic Communications Code. A copy of the injunction is sent to the Chairman of the Centre national du cinéma…

On expiry of the period specified in Article R. 213-6 for the implementation of the measures set out in the conciliation report or on expiry of a period of one month from notification of the injunction, if the measures intended to put an end to the disputed situation have not been taken, the mediator may implement the provisions of articles L. 213-6 or L. 213-7.These same provisions may be applied…

The Cinema Ombudsman decides on the publication of his injunctions, in full or in extracts, in one or more newspapers of his choice. In the event of an administrative or judicial sanction issued after implementation of the provisions of articles L. 213-6 or L. 213-7, the costs of publishing the injunction shall be borne by the convicted party.