Question 14821 — overseas

Summary

Mr. Philippe Gomès draws the attention of the Keeper of the Seals, Minister of Justice, to the terms of appeal against non-judicial decisions of the Competition Authority of New Caledonia. He recalls that three types of appeal can be filed against non-contentious decisions of the Competition Authority of New Caledonia (ACNC). Interested parties and third parties may file an appeal for annulment or reformation before the administrative court of New Caledonia. The decision of the administrative court may then be the subject of an appeal before the Paris Administrative Court of Appeal, which may be the subject of an appeal before the Council of State. These three levels of appeal have the effect of considerably lengthening appeal deadlines and limiting the legal certainty of companies affected by the decisions. of the ACNC vis-à-vis third parties. It specifies that in mainland France, the Council of State is competent to hear decisions of the Competition Authority relating to merger operations and that there is therefore only one avenue of appeal. He observes that since October 2018, the system in French Polynesia is no longer comparable to that of New Caledonia since the decisions of the non-judicial Authority of the Authority Polynesian competition law can now only be subject to two avenues of appeal, before the Paris Administrative Court of Appeal and before the Council of State. Indeed, article 33 of decree no. 2018-880 of October 11, 2018 taken for the application of articles 10 and 11 of order no. 2017-157 of February 9, 2017 relating to appeals against the decisions of the Polynesian Competition Authority now provides for the jurisdiction of the Paris Administrative Court of Appeal to hear in the first and last instance appeals against decisions of the Polynesian Competition Authority which are not the responsibility of the judicial judge. It underlines the importance of standardizing the legal regime for appeals of decisions of the Polynesian Competition Authority and the New Caledonia Competition Authority before the administrative jurisdiction. He insists also on the need, on the one hand, to speed up appeal deadlines, by guaranteeing better legal certainty to New Caledonian companies and on the other hand, to reduce litigation before the administrative court of New Caledonia. He therefore wishes to know whether the Government intends to modify article R. 311-2 of the administrative justice code, in order to reduce the number of levels of appeal against decisions not litigation of the New Caledonian Competition Authority.

Machine translation from French. The official text remains authoritative.

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