Staff representatives are not taken into account for the application of the first paragraph of I of Article L. 1411-5-2:
1° When it is established, on the date of drawing up the electoral lists for the election of staff representatives to the Board of Directors, that the proportion of either sex among the persons eligible for this election is less than 40%;
2° When, after the results of the ballot, the difference between the number of elected women full members and the number of elected men full members is greater than one, despite compliance with the rules laid down in article R. 1411-58-10.