Legislative part

After the interested party has been heard by the first president of the court of appeal within whose jurisdiction the commercial court has its seat, the matter may be referred to the national disciplinary commission by the Minister of Justice or by the first president.

The disciplinary sanctions applicable to commercial court judges are: 1° A reprimand; 2° A ban on being appointed to single-judge functions for a maximum of five years; 3° Disqualification accompanied by ineligibility for a maximum of ten years; 4° Disqualification accompanied by permanent ineligibility.

The termination of office for any reason whatsoever does not preclude the institution of proceedings and the pronouncement of disciplinary sanctions. In this case, the disciplinary sanctions applicable are: 1° Withdrawal of the honorary office; 2° Ineligibility for a maximum period of ten years; 3° Permanent ineligibility.

Any litigant who considers that, in the course of legal proceedings concerning him or her, the conduct adopted by a commercial court judge in the performance of his or her duties is liable to be classified as disciplinary may refer the matter to the national disciplinary commission for commercial court judges. This referral does not constitute grounds for disqualification of the magistrate. The complaint is examined by a committee for…

The National Disciplinary Committee may only deliberate if at least four of its members, including the chairman, are present. In the event of a tie, the chairman shall have the casting vote.

The decisions of the National Disciplinary Committee and those of its Chairman shall state the reasons on which they are based. They may be appealed only to the Cour de cassation.

Independent of any decisions that may be made pursuant to articles L. 724-3 and L. 724-4, where it appears, subsequent to his election, that a Commercial Court judge has incurred, before or after his installation, one of the convictions, disqualifications or incapacities mentioned in article L. 723-2, he is automatically stripped of his duties.