Section 4: Commission des clauses abusives

The Unfair Contract Terms Committee comprises thirteen members, allocated as follows:1° A magistrate from the judiciary, chairman;2° Two magistrates from the judiciary or administrative order or members of the Conseil d’Etat, from whom the vice-chairman is appointed;3° Two persons qualified in contract law or techniques, chosen after consultation with the Conseil national de la consommation;4° Four representatives of professionals;5° Four representatives of consumers.

The chairman and members of the commission are appointed by order of the minister responsible for consumer affairs for a three-year term, renewable once. This order designates an alternate for each full member with the exception of the chairman. Magistrates are appointed on the proposal of the Minister of Justice.Any member of the commission may not take part in the deliberations if he has a personal interest in the matter…

The Commission may be asked for its opinion when, in the course of proceedings, the unfair nature of a contractual term is raised. The competent judge shall ask the Commission, in a decision that is not subject to appeal, for its opinion on the unfair nature of this term as defined in article L. 212-1. The opinion is not binding on the judge.

The chairman of the committee is replaced by the vice-chairman.

Committee meetings are not open to the public. In the absence of a consensus, the committee decides by a majority of the votes of the members present. In the event of a tie, the chairman of the meeting has the casting vote. The committee draws up its own rules of procedure, which are published in the Bulletin officiel de la concurrence, de la consommation et de la répression des fraudes….

The Commission’s opinions and recommendations are reasoned. The chairman of the commission communicates the opinion or recommendation to the minister responsible for consumer affairs, to the ministers concerned, to the author of the referral and to the professionals heard during the investigation. The Government Commissioner appointed under the conditions provided for by article R. 822-8 shall draw up a report each year and send it to the Commission set up…

The Government Commissioner attends all meetings of the Commission or is represented by a delegate whom he designates in a letter addressed to the Chairman of the Commission. He or his representative may also be assisted by one or more civil servants or qualified agents.

I.-Public officials and magistrates seconded to the joint departments defined in Article R. 822-12 or made available to these departments and employees of the Institut national de la consommation may perform the duties of secretary or assistant to the commission. The holders of these positions are chosen by the Director General of the Institut national de la consommation in agreement with the Chairman of the Commission. II.-To examine opinions or…