French Commercial code
In forceWhen, pursuant to article
L. 463-8the general rapporteur decides to call in one or more experts, his decision defines the subject of the expert appraisal, sets the timeframe for its completion and assesses the corresponding foreseeable fees.
When an expert report is requested by a party and accepted by the general rapporteur, the latter asks the party to deposit an advance equal to the expert's expected fees. If several parties are required to make such a deposit, the general rapporteur shall indicate in what proportion each must deposit.
The general rapporteur may decide to grant experts who so request a lump-sum advance, which may not exceed 25% of the anticipated fees.
The expert(s) shall inform the rapporteur in charge of the investigation of the case of the progress of the expertise operations. The expert(s) must take into consideration the comments of the parties, which may be made in writing or taken orally, and must attach them to their report if they are in writing and if the party concerned so requests. They must mention in their report the action they have taken on them.
The expert report is submitted to the rapporteur in charge of the case. The rapporteur attaches it to his statement of objections, his report or his proposal to dismiss the case or, if it is submitted after his own report has been sent, sends it to the parties and the Government Commissioner so that they can make any observations they may have. These observations are made in the reply to the statement of objections, the rapporteur's report or the proposal to dismiss the case, or at the hearing.
Even if several experts have been appointed, a single report is drawn up, showing the points of agreement and any points of disagreement.
On submission of the expert report, the general rapporteur makes a final decision on the amount of the expert fees and arranges for their payment.
