French Commercial code
In forceI.-The Commission for the Examination of Commercial Practices is made up of a Member of Parliament and a Senator appointed by the standing committees of their respective assemblies responsible for commercial relations between suppliers and retailers, members, who may be honorary members, of the administrative and judicial courts, representatives of the agricultural and fisheries production and processing sectors, as well as the industrial and craft sectors, processors, wholesalers, distributors and the administration, as well as qualified individuals.
The Chairman of the Commission is appointed from among its members by decree. If the chairman is not a member of a court, a vice-chairman belonging to an administrative or judicial court is also appointed, under the same conditions. It includes an equal number of representatives of producers and resellers.
The members of the commission are bound by professional secrecy with regard to facts, acts and information of which they may have knowledge by reason of their duties.
II.-The chairman of the commission may decide to set up several examination chambers within the commission.
The commission ensures, under the responsibility of its chairman, the anonymity of referrals and documents submitted to it, including with regard to its members.
A decree determines the organisation, resources and operating procedures of the commission as well as the conditions necessary to ensure the anonymity of the economic players referred to in the commission's opinions and recommendations.
III.-At its request, the Commission will hear any persons and officials it deems useful for the performance of its duties.
The Chairman of the Commission may request that an investigation be carried out by agents authorised for this purpose in Article L. 450-1of this code and to articles L. 511-3, L. 511-21 and L. 511-22 of the Consumer Code, in accordance with the procedures laid down. The report of the investigation is submitted to the Chairman of the Commission, who ensures that it preserves the anonymity of the persons concerned.
IV.-The matter is referred to the Commission by the Minister responsible for the Economy, by the Minister responsible for the economic sector concerned, by the Chairman of the Competition Authority, by any legal entity, in particular professional or trade union organisations, approved consumer associations, chambers of commerce or agriculture, as well as by any producer, supplier or retailer who considers that he has been harmed by a commercial practice. It may also refer matters to itself.
The Commission for the Examination of Commercial Practices may also be consulted by the courts on practices, defined in this Title, identified in cases referred to them.
The decision to refer a matter to the Commission is not subject to appeal. The Commission shall give its opinion within a maximum period of four months from the date of referral. Any decision on the merits of the case is deferred until receipt of the opinion or, failing that, until the expiry of the four-month period referred to above. However, any necessary urgent or protective measures may be taken. The opinion given is not binding on the court.
The opinion of the Trade Practices Review Commission is published after the decision of the court that referred the matter to it for an opinion.
V.-The task of the commission is to give opinions or make recommendations on matters, commercial or advertising documents, including invoices and contracts covered by a business secret, and practices concerning commercial relations between producers, suppliers and resellers, which are referred to it.
The opinion given by the commission shall relate in particular to the conformity with the law of the practice or document referred to it.
The commission may also decide to adopt a recommendation on matters referred to it and on all those falling within its remit, in particular those relating to the development of good practice. When it follows a referral pursuant to the first paragraph of this V, this recommendation shall not contain any information likely to enable the persons concerned to be identified. The recommendation is communicated to the Minister for the Economy and is published by decision of the Commission.
The Commission also regularly monitors commercial practices, invoicing and contracts concluded between producers, suppliers and retailers that are referred to it.
Each year it draws up an activity report, which it sends to the Government and to the parliamentary assemblies. This report is made public. It includes a detailed analysis of the number and nature of infringements of this Title that have been subject to administrative or criminal penalties. It also includes the decisions handed down in civil matters on operations involving the liability of their perpetrators.
It also includes the decisions handed down in civil matters on operations involving the liability of their perpetrators.
