Sub-paragraph 2: Investigation

When the application is registered, the Chairman of the Commission appoints the rapporteur responsible for investigating the application.

When the Commission’s registry notifies the applicant that his or her application can, as it stands, only be rejected as inadmissible, the applicant is deemed to have waived his or her right of action if he or she does not rectify or contest this inadmissibility within a period of one month from the date of notification. The Commission shall not notify the claimant of this waiver. The notification of the…

Where the judge considers that the decision is likely to be based on a plea of public policy, the judge shall inform the parties thereof by any means that allows proof of receipt of this information by the addressees and shall set a time limit within which they may, without being prevented from doing so by the possible closure of the investigation, present their observations on the plea communicated. The…

The application and the documents produced are communicated by the commission’s registry to the commune, the public establishment for inter-communal cooperation or the competent mixed syndicate by any means allowing proof of their receipt by the addressees. The other pleadings and documents produced by the applicant are communicated to the defendant by simple letter if they contain new elements. The first pleading and the documents produced by the defendant in…

In the context of electronic communication, the parties or their agents shall be deemed to have received the communication or notification on the date of first consultation of the document thus addressed to them, certified by the acknowledgement of receipt issued by the portal or the teletransmission device, or, in the absence of consultation within a period of eight days from the date on which the document is made available…

The Commission may order any investigation it deems appropriate.

The commune, the public establishment for inter-communal cooperation or the competent mixed syndicate has a period of one month from the date on which the application is communicated to it to produce a statement of defence. This communication constitutes formal notice. Failing production, the investigation is closed and the defendant is deemed to have acquiesced in the facts set out in the applicant’s request.

If it appears from the application that the case is already certain to be resolved, the magistrate responsible for investigating the case may decide that there are no grounds for an investigation.

The judge ruling alone or the chairman of the panel may reopen the investigation by a decision which is not reasoned and cannot be appealed. This decision shall be communicated by any means allowing proof of its receipt by the addressees. Briefs that may have been produced during the period between the closure and the reopening of the investigation shall be communicated to the parties if they contain new information.