French Commercial code
In forceI. - The agents authorised, under the conditions set out in II of Article L. 450-1, to investigate and record breaches or failures to comply with the obligations set out in Title IV of this Book may, after an adversarial procedure, order any trader, within a reasonable period of time, to comply with his obligations, to cease any unlawful conduct or to remove any unlawful clause. Under the same conditions, they may enjoin any trader to comply with the provisions of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 promoting fairness and transparency for business users of online intermediation services, as well as enjoining him to cease any conduct or remove any clause contrary to those provisions.
The injunction mentioned in the first paragraph of this I may be subject to a publicity measure, under conditions set by decree in the Conseil d'Etat. In this case, the trader shall be informed, during the adversarial procedure prior to the injunction being issued, of the nature and terms of the planned publicity. Advertising is carried out at the expense of the trader who is the subject of the injunction.
II. - Where the trader concerned has not complied within the time limit set with an injunction served on him in respect of an infringement or breach punishable by an administrative fine, the administrative authority responsible for competition and consumer affairs may impose on him, under the conditions and in accordance with the procedures set out in Article L. 470-2, an administrative fine, the amount of which may not exceed €3,000 for a natural person and €15,000 for a legal entity.
III. - 1. When the injunction is served in respect of a breach punishable by a civil fine, the officials mentioned in I of this article may attach to their measure a daily penalty payment which may not exceed an amount of 0.1% of worldwide turnover excluding tax achieved during the last financial year for which the accounts have been closed. If the accounts of the undertaking concerned have been consolidated or combined pursuant to the texts applicable to its corporate form, the turnover taken into account is that shown in the consolidated or combined accounts of the consolidating or combining undertaking.
In this case, the injunction specifies the terms of application of the periodic penalty payment incurred, in particular its date of applicability, duration and amount. The amount of the periodic penalty payment shall be proportionate to the seriousness of the breaches observed and shall take into account, in particular, the extent of the disturbance caused.
The daily periodic penalty payment shall run from the day following the expiry of the period given to the trader to comply with the injunction measure notified.
In the event of total or partial non-compliance, or late compliance, the administrative authority responsible for competition and consumer affairs shall proceed, under the conditions provided for in IV of Article L. 470-2, to liquidate the periodic penalty payment. However, the total sums requested for the liquidation of the periodic penalty payment may not exceed 1% of worldwide turnover excluding tax for the last financial year for which the accounts have been closed. If the accounts of the undertaking concerned have been consolidated or combined under the laws applicable to its corporate form, the turnover taken into account is that shown in the consolidated or combined accounts of the consolidating or combining undertaking.
The decision ordering the injunction and the decision ordering the liquidation of the daily penalty payment shall state the reasons on which it is based. They may be appealed to the full court and the interim relief judge, on receipt of a request to that effect, may order their suspension under the conditions provided for in Article L. 521-1 of the Code of Administrative Justice.
2. The injunction referred to in the first paragraph of 1 of this III may, in the event of total or partial non-compliance or late compliance, be the subject of a publicity measure, under conditions set by decree in the Conseil d'Etat
In this case, the professional is informed, during the adversarial procedure prior to the injunction being issued, of the nature and terms of the publicity measure incurred. Advertising is carried out at the expense of the trader who is the subject of the injunction.
