Legislative part

Except in the case of provisions providing for a single judge, the judgments of the commercial courts are handed down by judges ruling in collegial formation.

Where the Commercial Court rules in matters of safeguarding, judicial recovery or liquidation, judicial settlement or liquidation of assets, the panel of judges shall include, subject to the application of the provisions of article L. 722-15, a majority of judges who have held judicial office for more than two years.

The panel of judges is presided over by the president of the commercial court or by a judge of that court who has held judicial office for at least three years, subject to the application of the provisions of article L. 722-15.

The President of the Commercial Court hears, within the limits of the jurisdiction of the Commercial Court, applications made pursuant to Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure.

When a commercial court cannot be constituted or rule, the court of appeal, seised at the request of the public prosecutor, shall designate, if the provisions of Articles L. 722-13 and L. 722-15, the judicial court located within the jurisdiction of the court of appeal called upon to hear the cases entered on the roll of the commercial court and those subsequently referred to it. If the referral results from…

When the impediment that gave rise to the transfer has ceased, the Court of Appeal, at the request of the Public Prosecutor, sets the date from which the Commercial Court will again hear the cases within its jurisdiction. On that date, the cases are transferred as they stand to the Commercial Court. However, the referring court continues to hear conciliation cases and, where a decision is taken on the merits,…