French Commercial code
In forceI.-The costs and disbursements for which the professional may claim reimbursement are as follows:
1° With regard to judicial administrators, plan executioners, judicial agents and liquidators:
a) Any sums owed to third parties and paid by the professional in respect of his mandate;
b) Duties of any kind paid to the Treasury;
c) Postal, reprographic, travel, and accommodation expenses incurred by the judicial representative in the performance of his mission.
2° With regard to judicial auctioneers:
a) Expenses of any kind specifically incurred by the judicial sale, it being understood that reimbursements of non-individualisable expenses must be apportioned between the sellers taking into account the respective amounts of the auction prices, and that the total amount apportioned between the sellers may not exceed the total expenses actually incurred by the judicial auctioneer as a result of the sale ;
b) Duties of any kind paid to the Treasury, respectively charged to the sellers and buyers pursuant to the provisions of the General Tax Code;
c) Postal, reprographic, travel, and accommodation expenses incurred by the judicial auctioneer when performing a service mentioned in Table 1 of Article Appendix 4-7.
3° With regard to bailiffs:
a) Travel costs, except for service of documents from lawyer to lawyer;
b) Tax duties of any kind;
c) Postage costs for letters that constitute compulsory procedural formalities;
d) Locksmith, removal, garage and furniture storage costs;
e) Allowances paid to municipal councillors, municipal officials, gendarmerie authorities or witnesses required pursuant to Article L. 142-1 of the Code of Civil Enforcement Procedures;
f) Compensation paid to national police officers required pursuant to Article L. 142-1 of the Code of Civil Enforcement Procedures;
g) Compensation paid to municipal councillors, municipal officials, gendarmerie authorities, national police officers or witnesses required pursuant to Article 1309 of the Code of Civil Procedure ;
h) Any sums owed to third parties in connection with the professional activity of the judicial officer, and paid directly by him;
i) The costs incurred in seeking information from the bank account file service and from the bodies listed in articles L. 152-1 and L. 152-2 of the Code of Civil Enforcement Procedures.
4° With regard to the judicial officers of the departments of Bas-Rhin, Haut-Rhin and Moselle, for the special acts of the locally applicable procedure:
a) The costs of publication and insertion;
b) The remuneration of the locksmith required to proceed with the opening of furniture and doors.
5° With regard to clerks of the commercial courts:
a) Journeys made as a result of their duties as public officers at a distance of more than two kilometres, on both the outward and return journeys, from the commune in which the commercial court has its seat;
b) Disbursements of any kind relating to the transmission of a deed, decision or document, including postage and telephone costs, except where a flat-rate transmission fee is provided for in Annex Article 4-7;
6° With regard to notaries:
a) All expenses, in particular travel expenses and exceptional expenses incurred at the express request of the client in connection with the preparation and drafting of a deed or the performance of the formalities mentioned in article annexe 4-7, with the exception of incidental expenses, such as stationery or office expenses;
b) Any sum due to third parties and paid by the notary on behalf of his client in connection with a service listed in article annexe 4-7.
7° In the case of lawyers, for postulation services relating to the seizure of immovable property, partition, licitation and judicial securities:
a) All expenses, in particular travel expenses and exceptional expenses incurred at the express request of the client for the performance of the services mentioned in table 6 of article appendix 4-7, with the exception of incidental expenses, such as stationery or office expenses;
b) All sums owed to third parties for the performance of the services mentioned in table 6 of article appendix 4-7, with the exception of incidental expenses, such as stationery or office expenses;
c) All expenses incurred for the performance of the services mentioned in table 6 of article appendix 4-7, with the exception of incidental expenses, such as office expenses
b) Any sum owed to third parties and paid by the lawyer on behalf of his client in connection with a service mentioned in Table 6 of Article Appendix 4-7.
II.-The allowances provided for in e of 3° of I, in the case of municipal councillors, municipal officials, gendarmerie authorities or witnesses, and in f of 3° of I, in the case of national police officers, are paid to the persons concerned when they are required:
1° To be present at the opening of locked doors and furniture;
2° To lend a hand in the execution of an eviction measure.
The respective amounts allocated are specified by joint order of the Ministers of Justice and the Economy.
III.-The bailiff shall record, in a special register that he keeps, the name and rank of the national police officer mentioned in f of 3° of I who took part in the intervention, as well as the date and time of the intervention.
IV.-The revenue generated by the allowances paid to national police officers pursuant to f of 3° of I is treated as a public interest expenditure fund and attached to the budget of the Ministry of the Interior within the limits and in accordance with the procedures set by joint order of the Minister for the Budget and the Minister of the Interior.
V.-The amount and revenue from the allowances provided for in g of 3° of I are determined in accordance with II and IV respectively.
VI.-The indemnities provided for in b and c of 4°:
1° Shall be allocated to the interested parties if they so request;
2° Shall be set respectively by a joint order of the Ministers of Justice and the Economy, with regard to the indemnity provided for in b of 4°, and by the tariff in civil matters of the experts of the departments of Bas-Rhin, Haut-Rhin and Moselle, with regard to the indemnity provided for in c of 4°.
