French Intellectual Property Code
In forceI.-In the absence of an agreement between the parties and the Autorité de Régulation de la Communication Audiovisuelle et Numérique recorded under the conditions laid down in Article R. 331-34, the rapporteur's report is notified to the parties, who have a period of fifteen days in which to acquaint themselves with and copy the file from the authority's departments and to send the authority their written observations.
Where circumstances warrant, the chairman of the authority may, by a decision not subject to appeal, grant an additional period, not exceeding one month, in which to consult the file and submit the parties' observations.
The parties are informed of the date on which the authority will rule on the referral at least ten days before the meeting. The respondent is heard at its request or at the request of the chairman of the authority. They must be allowed to speak last.
The authority may also hear the applicant or any person whose hearing it deems useful.
The persons heard may be assisted by counsel.
The rapporteur who investigated a case may present oral observations at the meeting during which it is examined.
Where it considers that the investigation is incomplete, the authority may decide to refer the case back for investigation in whole or in part. This decision may not be appealed.
II.-The authority may, if it deems it appropriate, ask its chairman to refer the matter to the Autorité de la concurrence for an opinion in accordance with the procedures set out in the last paragraph of Article L. 331-29 and decide to stay the proceedings on the application referred to it, pending this opinion.
