French Commercial code
In forceThe Competition Authority issues an opinion to the Minister of Justice, who is its guarantor, on the freedom of establishment of lawyers at the Council of State and the Court of Cassation.
It makes recommendations to improve access to the offices of advocates at the Conseil d'Etat and the Cour de cassation, with a view to gradually increasing the number of these offices. It also draws up a report on the access of women and men to these offices. These recommendations are made public at least every two years.
To this end, it identifies the number of new offices of advocates at the Conseil d'Etat and the Cour de cassation that appear necessary to ensure a satisfactory range of services in the light of criteria defined by decree and taking into account, in particular, the requirements of the proper administration of justice and the development of litigation before these two courts.
The recommendations relating to the number of lawyers' offices to be created at the Conseil d'Etat and the Cour de cassation allow for a gradual increase in the number of offices to be created, so as not to disrupt the conditions under which existing offices operate.
The opening of proceedings on the basis of this article shall be made public within five days of the date of such opening, in order to allow consumer defence associations approved at national level to take legal action, the Conseil de l'ordre des avocats au Conseil d'Etat et à la Cour de cassation, as well as any person meeting the conditions of nationality, aptitude, good repute, experience and insurance required to be appointed by the Minister of Justice as a lawyer at the Conseil d'Etat and the Cour de cassation, to send the Competition Authority their observations.
When the Competition Authority deliberates under this article, its college includes two qualified persons appointed by decree for a non-renewable term of three years.
