French Consumer Code
In forceWithout prejudice to the award of damages, a civil fine may be imposed on a trader who, in contracts offered to or concluded with consumers or non-traders, continues to use contractual terms in identical contracts that have been deemed unfair, within the meaning of Article L. 212-1 with the exception of its fourth paragraph, by a court decision that has become final with regard to it.
The administrative authority responsible for competition and consumer affairs, acting on the basis of article L. 524-2 or intervening in the proceedings, consumer defence associations, acting on the basis of articles L. 621-7, L. 621-9, L. 622-1 and L. 623-1, the public prosecutor or the consumer may ask the court seised to impose a civil fine, the amount of which may not exceed €15,000 for a natural person and €75,000 for a legal entity.
Where this fine is imposed following a request for mutual assistance provided for in Article L. 511-10 relating to a large-scale or EU-wide infringement, pursuant to Article 21 of Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws, its amount may be increased, in a manner proportionate to the benefits derived from the practices in question, to 4% of average annual turnover, calculated on the last three annual turnover figures known on the date of the decision. If no information is available to calculate the fine on the basis of turnover, the amount of the fine may be increased to two million euros.
The court may order the publication, dissemination or posting of its decision or an extract therefrom in the manner it specifies. It may order the inclusion of the decision or an extract therefrom in the report drawn up on the operations of the financial year by the managers, the board of directors or the management board of the company. The costs shall be borne by the convicted person.
