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Commercial litigation solving
The Paris Commercial Court of Justice, or Paris Court
of Trade - PCT ("Tribunal de Commerce de Paris"
- TCP) – hears about disputes born between individual tradespeople
and/or between companies, both domestic and international, as
well as about litigations arising from trade dealings among
private parties.
Such litigations cover all commercial fields, including stocks
and securities or financial matters, and anti-competitive and
anti-trust practices.
Since May 1st, 2004, the European Commission has transferred
full competency regarding the last two fields to Member States
national jurisdictions. Recognizing that out-of-court settlements
may often be more effective than formal judgements, PCT's Judges
turn to conciliatory approaches and resort to mediation whenever
possible.
Recognizing that out-of-court settlements may often be more
effective than formal judgements, PCT's Judges
turn to conciliatory approaches and resort to mediation whenever
possible.
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Safeguarding companies experiencing difficulties
PCT plays a key role in the safeguarding of companies
experiencing difficulties, both in terms of anticipating
problems faced and then solving them.
At the earlier stage of problem anticipating,
more than three thousand CEOs are heard each year by PCT's Judges
and are pressed to take appropriate corrective measures.
At the later stage of problem solving,
ad hoc mandates and conciliatory proceedings allow for two thirds
of companies thus heard to go back on the right track.
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Organization
PCT counts 22 Chambers.
Some are specializing into anti-competitive practices and corporate
law, EU laws and regulations, international law, media and IT
regulations.
Other Chambers are dealing with corporate bankruptcy administration
and liquidation cases, opposition to bankruptcy or liquidation
rulings, or individual and patrimony sanctions against CEOs at
the Public Prosecutor's request.
All along the Judiciary Year, Chambers meet on a weekly basis
either to hear cases or to debate draft judgements submitted in
turn by each Justice to two other of his/her fellow Judges.
Twenty Judges ensure a fast judiciary hearing process called "référé",
by which according to evidence produced and the degree of urgency
of cases heard, provisional rulings are passed in order to accelerate
judiciary proceedings. Such "requests upon demand" thus allow
for provisional judiciary decisions to be issued, taking into
account evidences produced, the urgency of the matters at stake
and the necessity to protect plaintiffs' rights.
Judgments are usually issued within the following time frame :
- Within
4 months for full formal judgments passed by Chambers ;
- Within
about a week for "référé" provisional rulings, Payment
Injunctions (which are executory, unless opposed within one
month of issue) or other rulings, e.g. toward appointing Assets
Contributed Valuating Auditors ("Commisaires aux Apports").
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