Decree no. 2006-1084 of August 29, 2006 implementing art. 17-1 of Act 86-1067 on the French Superior Audiovisual Council's dispute settlement proceedings.

Décret n° 2006-1084 du 29 août 2006 pris pour l'application de l'article 17-1 de la loi n° 86-1067 du 30 septembre 1986 et relatif à la procédure de règlement de différends par le Conseil supérieur de l'audiovisuel (French Superior Audiovisual Council decree no. 2006-1084 of August 29, 2006 implementing article 17-1 of law no. 86-1067 of September 30, 1986 and relating to dispute settlement proceedings by the French Superior Audiovisual Council).

The Prime Minister,
On the report of the Minister of Culture and Communication,
Having regard to Act no. 86-1067 of September 30, 1986 on freedom of communication, in particular article 17-1;
Vu le décret n° 89-518 du 26 juillet 1989 relatif à l'organisation et au fonctionnement du Conseil supérieur de l'audiovisuel ;
Having regard to decree n° 2001-492 of June 6, 2001 taken for the enforcement of chapter II of title II of law n° 2000-321 of April 12, 2000 and relative to the acknowledgement of requests presented to administrative authorities;
Le Conseil d'Etat (section de l'intérieur) entendu,
Decree:

Article 1
The submission of a case before the court to the French Superior Audiovisual Council, as provided for in article 17-1 of the aforementioned Act of September 30, 1986, shall include for each dispute:
1° The form, name or company name of the artificial person submitting a case before the court, the address of its registered office and the designation of its legal representative(s);
2° Where appropriate, the name(s) of the counsel(s) chosen to assist or represent the person submitting the case before the court, and, where there is more than one counsel, the name of the counsel to whom the proceedings will be validly carried out;
3° The list and addresses of the parties involved in the proceedings;
4° The subject of the submission of a case before the court, with a statement of the means and documents on which the submission is based.
The procedures for submitting a case before the court are specified by the French Superior Audiovisual Council in its internal regulations.

Article 2
The French Superior Audiovisual Council shall ensure that each of the parties is notified of the observations and documents submitted by the other parties, and shall, if necessary, set a time limit within which they must be replied to.
The Chairman of the French Superior Audiovisual Council shall summon the parties to the meetings to examine the dispute in question by registered letter with acknowledgement of receipt requested, or by any other means that provides proof of the date of receipt of the summons.
However, the Board may give a ruling on manifestly inadmissible demands without further investigation.

Article 3
As soon as the request is registered, the Director General of the French Superior Audiovisual Council appoints a rapporteur from among the Council's staff, assisted, where appropriate, by a deputy rapporteur appointed under the same conditions.
The task of the rapporteur, appointed under the same conditions, is to investigate the case independently, while respecting the adversarial principle. To this end, he or she may propose to the Board any useful investigative measure, and in particular request additional documents from the parties, request opinions or documents from public authorities, and call in expert opinions.

Article 4
The Chairman of the French Superior Audiovisual Council, or his deputy, presides over the proceedings at meetings to examine disputes and deliberate.
Dispute review sessions are public unless requested by all parties. If such a demand does not emanate from all parties, the Council shall give a ruling on whether or not to act upon it.
The parties may present oral observations during the session and be represented or assisted by the person of their choice.
The Board may hear any person it deems useful.
The rapporteur presents the parties' conclusions and means to the council during the dispute examination sessions. He may propose a solution to the dispute.
After hearing the rapporteur and the parties, who must be allowed to speak last, the French Superior Audiovisual Council deliberates, under the conditions laid down in its rules of procedure, without the presence of the rapporteur.

Article 5
The two-month period within which the French Superior Audiovisual Council must rule on a dispute shall run from the date of registration of the submission of a case before the court, or from the date of regularization, under the conditions laid down by the aforementioned Decree of June 6, 2001, of a demand which does not meet all the conditions set out in Article 1.
However, in order to enable the Board to carry out or have carried out all necessary investigations or expert appraisals, the Board, acting on a proposal from the rapporteur, may extend this period to four months, by means of a reasoned decision notified to the parties by registered letter with acknowledgement of receipt.

Article 6
The present decree is applicable in Mayotte, New Caledonia, French Polynesia, the Wallis and Futuna Islands and the French Southern and Antarctic Territories.

Article 7
The Minister for Culture and Communication and the Minister for overseas France are each responsible for the execution of the present decree, which will be published in the Journal officiel de la République française.