French Commercial code
In forceWhere the action is likely to affect the rights or obligations of other persons who were parties before the Competition Authority, such persons may intervene in the proceedings before the Court of Appeal.
Voluntary intervention is made, on pain of inadmissibility raised ex officio, by a written and reasoned statement lodged at the registry under the conditions provided for in article R. 464-12 within one month of receipt of the notification provided for in the third paragraph of article R. 464-15.
Under the same sanction and within the same time limit, the intervening party notifies, by registered letter with acknowledgement of receipt, its intervention to the parties before the appeal court as well as to the Minister in charge of the economy when he is not a party to the proceedings.
On pain of inadmissibility of the intervention raised ex officio, the intervening party shall file at the registry, within two months of the notification made to it pursuant to the third paragraph of Article R. 464-15, the documents listed in the first and second paragraphs of the same article.
Under the same penalty, within the same timeframe and in the same manner, it sends a copy of its written observations and the list of supporting documents it intends to produce to the parties before the appeal court by registered letter with acknowledgement of receipt, as well as to the Minister for the Economy when he is not a party to the proceedings and provides proof of this notification to the court registry.
Under the same penalty and within the same time limit, it shall also send to the Autorité de la concurrence and to the Minister responsible for the economy where he is not a party to the proceedings a copy of the exhibits and supporting documents produced, and provide proof of this notification to the court registry.
Requests for disclosure or production of documents or categories of documents made with a view to an action for damages by the intervening party, whether or not it was a party before the Competition Authority, are governed by the provisions of paragraph 2 of Article L. 483-1 and by those of articles L. 483-4 to L. 483-11.
At any time, the First President or his delegate or the court may call these same persons into question ex officio. The court registry shall notify the decision to implead by registered letter with acknowledgement of receipt.
