CASE COMMENTS: PROCEDURES - FRANCE - IMPARTIALITY - COMPLAINT - ADMISSIBILITY

Recevabilité : Admissibility : The first president of the Paris Court of Appeal admits that a rapporteur of the French Competition Authority may face disqualification for lack of impartiality, but declares the application inadmissible in the present case on the ground of late application (FILMM)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On June 4, 2020, in a very noteworthy ruling, the Second Civil Chamber of the Court of Cassation had affirmed that the Polynesian Competition Authority ["the PCA"] should be qualified as a jurisdiction when it is called upon to pronounce a sanction. Consequently, any person brought before this authority must be able to challenge its impartiality by means of a request for recusal or legitimate suspicion. Visibly inspired by these developments and intending to have them produce their full effects in mainland France, three claimants who had been brought before the Competition Authority ["the Authority"] for practices implemented in the thermal insulation

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Christophe Lemaire, Alexandre Marescaux, Recevabilité : Admissibility : The first president of the Paris Court of Appeal admits that a rapporteur of the French Competition Authority may face disqualification for lack of impartiality, but declares the application inadmissible in the present case on the ground of late application (FILMM), 24 July 2020, Concurrences N° 4-2020, Art. N° 97883, www.concurrences.com

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