Decree of June 28, 2010 enforcing article 42-12 of the amended law on freedom of communication

Initialement publié le 29 June 2010 on the website : www.csa.fr

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Decree no. 2010-709 of June 28, 2010 enforcing article 42-12 of the amended law no. 86-1067 of September 30, 1986 on freedom of communication.

Public concerned: public prosecutors, French Superior Audiovisual Council.

Subject: procedure for browsing the French Superior Audiovisual Council in the event of the transfer of an audiovisual communication company or activity as part of collective proceedings.

Entry into force: applicable to safeguard, receivership and compulsory liquidation proceedings opened or pronounced with effect from the day following publication of the decree in the Journal officiel de la République française; decree no. 94-789 of September 2, 1994, abrogated, remains applicable to safeguard, receivership and compulsory liquidation proceedings opened or pronounced prior to this date.

Notice: the decree lays down the conditions under which the state prosecutor must browse the French Superior Audiovisual Council when, as part of a collective proceeding, the transfer of an audiovisual communication company or activity operated by a debtor holding a radio frequency license is envisaged.

References: the decree can be browsed on the Légifrance website.

The Prime Minister,

On the report of the Minister of State, Keeper of the Seals, Minister of Justice and Freedoms, and the Minister of Culture and Communication,

Having regard to the French Commercial Code, in particular articles L. 626-1, L. 631-22, L. 642-1 et seq;

Having regard to Law no. 86-1067 of September 30, 1986, as amended, on freedom of communication, in particular article 42-12;

Having regard to the opinion of the French Superior Audiovisual Council dated June 15, 2010,

Decree:

Article 1
When a debtor subject to safeguard, receivership or compulsory liquidation proceedings holds an authorization for an audiovisual communication service and the transfer of an activity or the company is envisaged under the conditions set out in articles L. 626-1, L. 631-22 or L. 642-1 et seq. of the French Commercial Code, the state prosecutor, before asking the court to authorize the conclusion of a management lease, shall request an opinion from the French Superior Audiovisual Council, in accordance with the following conditions.

Article 2
The submission of a case before the court to the French Superior Audiovisual Council shall be in writing. It may be submitted electronically.
It shall be accompanied by the safeguard, receivership or compulsory liquidation verdict, all takeover supplies and any other documents required to inform the French Superior Audiovisual Council.
The French Superior Audiovisual Council may demand any additional documentation from the state prosecutor.

Article 3
The French Superior Audiovisual Council gives its opinion in the light, in particular, of the criteria listed in article 29 of the aforementioned law of September 30, 1986.

Article 4
The French Superior Audiovisual Council acknowledges receipt of the submission of a case before the court without delay. It shall issue its opinion within one month of the date of receipt.
In the absence of a response from the French Superior Audiovisual Council within the allotted time, its opinion is deemed favorable.

Article 5
The opinion of the French Superior Audiovisual Council is sent to the state prosecutor, who forwards it without delay to the president of the court.
This opinion shall be added to the case file.

Article 6
The state prosecutor shall immediately send the Conseil supérieur de l'audiovisuel a copy of the verdict giving a ruling on the transfer of an activity or company. It shall also send the Conseil supérieur de l'audiovisuel a certificate from the court clerk's office stating that no appeal has been lodged, or stating the date of the appeal if one has been lodged.

Article 7
Decree no. 94-789 of September 2, 1994, enforcing article 42-12 of law no. 86-1067 of September 30, 1986, as amended, on freedom of communication, is abrogated.
However, it remains applicable to safeguard, receivership or compulsory liquidation proceedings opened or pronounced prior to the entry into force of the present decree.

Article 8
The present decree is applicable in the Wallis and Futuna Islands, New Caledonia and French Polynesia.
For its application in French Polynesia, references to provisions of the French Commercial Code are replaced by references to locally applicable provisions having the same purpose.

Article 9
The present decree is applicable to safeguard, receivership or compulsory liquidation proceedings opened or pronounced after its entry into force.

Article 10
The Minister of State, Keeper of the Seals, Minister of Justice and Freedoms, the Minister of the Interior, Overseas France and Territorial Communities and the Minister of Culture and Communication are each responsible for the implementation of this decree, which will be published in the Official Journal of the French Republic.