The public establishment is subject to the provisions of Titles I and III of Decree No. 2012-1246 of 7 November 2012 relating to public budgetary and accounting management, with the exception of 1° and 2° of Article 175, Articles 178 to 185,204 to 208 and 220 to 228. The establishment is subject to State economic and financial control as provided for in the decree no. 55-733 of 26 May 1955…
The establishment’s resources include:1° Proceeds from its commercial operations, in particular the sale of its publications;2° Resources from its training activities;3° Subsidies or contributions allocated to it by the State, local authorities or any other public or private person;4° Gifts and bequests, donations and assistance funds of any kind;5° In general, any resource that the establishment derives from its activity or which it could legally dispose of.
The appropriations required to cover the non-staff operating expenses of the commission referred to in Article L. 822-4 from the Institut National de la Consommation for the performance of its missions are the subject of a separate section of the establishment’s budget.
The Unfair Contract Terms Committee comprises thirteen members, allocated as follows:1° A magistrate from the judiciary, chairman;2° Two magistrates from the judiciary or administrative order or members of the Conseil d’Etat, from whom the vice-chairman is appointed;3° Two persons qualified in contract law or techniques, chosen after consultation with the Conseil national de la consommation;4° Four representatives of professionals;5° Four representatives of consumers.
The chairman and members of the commission are appointed by order of the minister responsible for consumer affairs for a three-year term, renewable once. This order designates an alternate for each full member with the exception of the chairman. Magistrates are appointed on the proposal of the Minister of Justice.Any member of the commission may not take part in the deliberations if he has a personal interest in the matter…
The Commission may be asked for its opinion when, in the course of proceedings, the unfair nature of a contractual term is raised. The competent judge shall ask the Commission, in a decision that is not subject to appeal, for its opinion on the unfair nature of this term as defined in article L. 212-1. The opinion is not binding on the judge.
The chairman of the committee is replaced by the vice-chairman.
Committee meetings are not open to the public. In the absence of a consensus, the committee decides by a majority of the votes of the members present. In the event of a tie, the chairman of the meeting has the casting vote. The committee draws up its own rules of procedure, which are published in the Bulletin officiel de la concurrence, de la consommation et de la répression des fraudes….
The Commission’s opinions and recommendations are reasoned. The chairman of the commission communicates the opinion or recommendation to the minister responsible for consumer affairs, to the ministers concerned, to the author of the referral and to the professionals heard during the investigation. The Government Commissioner appointed under the conditions provided for by article R. 822-8 shall draw up a report each year and send it to the Commission set up…
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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