Any candidate elected to the office of commercial court judge who finds himself in one of the cases of incompatibility mentioned in articles L. 722-6-1 and L. 722-6-2 may not take office until he has put an end to this situation, within a period of one month, by ceasing to exercise the incompatible profession or by resigning from the office of his choice. If he fails to make this choice…
Before taking office, commercial court judges take an oath. The oath is as follows: I swear to perform my duties well and faithfully, to keep the deliberations secret and to conduct myself in everything as a worthy and loyal judge. It is received by the court of appeal, where the commercial court is established at the seat of the court of appeal and, in other cases, by the judicial court…
The cessation of the duties of a commercial court judge results from: 1° The expiry of the electoral mandate, subject to the provisions of the second paragraph of Article L. 722-6 and the third paragraph of article L. 722-11; 2° Of the abolition of the court; 3° Of resignation; 4° Of disqualification.
When safeguard, receivership or liquidation proceedings are opened against a judge of a commercial court, the person concerned ceases to hold office from the date of the opening judgment. He shall be deemed to have resigned. The same provisions apply to a commercial court judge who has one of the qualities mentioned in the first paragraph of Article L. 713-3, when the company or public establishment to which it belongs…
When a judicial tribunal has been designated under the conditions provided for in Article L. 722-4, the term of office of the judges of the Commercial Court relinquished shall not be interrupted during the period of relinquishment.
The president of the commercial court is chosen from among the judges of the court who have held office in a commercial court for at least six years, subject to the provisions of Article L. 722-13. The Chairman is elected for a four-year term by secret ballot by the judges of the Commercial Court meeting in general assembly under the chairmanship of the outgoing Chairman or, in his absence, the…
Where, for any reason whatsoever, the president of the commercial court ceases to hold office during his term, the new president shall be elected within three months for the remainder of his predecessor’s term. If the president is prevented from carrying out his duties, he shall be replaced by the judge he has designated. If no judge is designated or if the designated judge is unable to act, the president…
Where none of the candidates fulfils the condition of seniority required to be president of the commercial court, the first president of the court of appeal, on application by the public prosecutor, may decide by order that the required seniority is not required.
Subject to the application of the provisions of Article L. 722-15, no person may be appointed to exercise the functions of juge-commissaire under the conditions provided for in Book VI unless he has exercised judicial functions in a commercial court for at least two years. The president of the commercial court shall draw up, at the beginning of each judicial year, by order made after consultation with the general meeting…
When none of the judges of the Commercial Court fulfils the conditions of seniority required either to rule in matters of safeguard, receivership or judicial liquidation, judicial settlement or liquidation of assets, in accordance with the provisions of Article L. 722-2, or to preside over a panel of judges under the conditions provided for by article L. 722-3, or to perform the duties of a juge-commissaire under the conditions provided…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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