PCT
is the leading Commercial Court of Justice in France, both in
terms of rulings issued - 100.000 - and of staff number.
It counts 172 volunteer - non-paid - Judges, of whom 86% male
and 14% female Justices, all belonging to the business community
(corporate owners or senior executives). They are organized in
22 Chambers, five of which specializing in bankruptcy administration
and liquidation proceedings.
PCT's
Justices are elected by a college of business and industry Electors.
They go for re-election every two or four years, the total length
of their judicature not exceeding 14 years. Justice candidates
must be over 30 years of age and either show proof of having been
registered as corporate owners with the Registry of Commerce for
at least five years, or having been salaried senior executives
for the same minimum period of time.
When
joining PCT, a majority of Judges are still active within the
business community. More than half of them have gone through a
legal curriculum. Judgments are passed on a collegial basis, with
three Judges privately deliberating each case.
As
for professional training, an initial law curriculum is dispensed
to PCT's newly elected Judges – hence furthered
throughout their entire judicature – in order to allow them to
first acquire and then keep up-to-date a sound knowledge of EU
and national laws and regulations they have to put to practice.
Taught by an in-house team of lecturing Judges over the last 30
years, this training curriculum is now dispensed on a joint basis
with the French National School of Justice ("Ecole Nationale
de la Magistrature").
Within
the European environment, EU laws and regulations are today prevailing
upon national ones and PCT's Judges must be conversant
with that legal corpus.
Principles
of independence and impartiality govern each and all Judges' activities,
especially regarding procedural rules respect, thus warranting
fair protection and ruling impartiality to all parties. A Judge
is forbidden by law to hear cases concerning an organization in
which he has (or had) a vested interest of any kind.
Proceedings
at PCT, as well as at all others Courts of Law
in France, are based on the principle of a "contradictory" exchange
of evidence between parties to a legal action. Initial claims
in excess of first-resort ceiling of 3.800 €uros may be appealed
by either of the parties, and go to The Paris Court of
Appeals – PCA.
Indifferent
to amounts claimed, all cases may be brought to The French
Supreme Court ("Cour de Cassation") whenever
a breach in legal rules is called for.
About
8% of first-resort rulings issued are appealed, of which 80% are
subsequently confirmed by PCA.