Article L722-16 of the French Commercial code
November 7, 2023
The term of office of elected commercial court judges is free.
The term of office of elected commercial court judges is free.
Commercial court judges are required to undergo initial and continuing training organised under conditions set by decree. Any commercial court judge who has not met the initial training requirement within a period set by decree is deemed to have resigned. .
Commercial court judges shall perform their duties with complete independence, dignity, impartiality, integrity and probity and shall behave in such a way as to prevent any legitimate doubt in this respect. Commercial court judges are prohibited from any demonstration of hostility to the principle or form of government of the Republic, as well as any demonstration of a political nature incompatible with the reserve imposed on them by their duties….
In addition to the rules laid down by the Criminal Code and special laws, commercial court judges are protected against threats and attacks of any nature whatsoever to which they may be subject in the course of or in connection with the performance of their duties. The State must compensate the resulting direct damage. A decree in the Council of State specifies the conditions and limits for the State to…
Commercial court judges shall take care to prevent or immediately put an end to situations of conflict of interest. A conflict of interest is any situation of interference between a public interest and public or private interests which is likely to influence or appear to influence the independent, impartial and objective exercise of a function. Commercial court judges shall take care to prevent or immediately put an end to situations…
I. – Within two months of taking up their duties, the judges of the commercial courts shall submit a complete, accurate and sincere declaration of their interests: 1° To the president of the court, for the judges of the commercial courts; 2° To the first president of the court of appeal, for the presidents of the commercial courts within the jurisdiction of that court. The declaration of interests shall mention…
The judges of a commercial court are elected within the jurisdiction of the court by a college composed of: 1° Elected members of the chambers of commerce and industry and the chambers of trade and craft within the jurisdiction of the court, under conditions laid down by decree in the Conseil d’Etat; 2° Judges of the commercial court as well as former members of the court, provided, in the case…
The persons mentioned in article L. 723-1 may form part of the electoral college only on condition :
The electoral list for elections to the commercial courts is drawn up by a commission chaired by the judge responsible for supervising the trade and companies register. In the event of the creation of a commercial court, the first president of the court of appeal appoints an honorary magistrate of the judiciary as president of the commission. The provisions of article L. 20 of the electoral code are applicable in…
I.- The following persons are eligible for election to the office of judge of a commercial court: 1° Who are registered on the electoral rolls of the chambers of commerce and industry or the chambers of trades and crafts drawn up within the jurisdiction of the commercial court or within the jurisdiction of neighbouring commercial courts; 2° Who meet the nationality condition provided for in Article L. 2 of the…
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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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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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