French Consumer Code
In forceWhen the authorised agents observe a failure or infringement with the powers provided for in this book, they may, after an adversarial procedure, enjoin a professional, by setting a reasonable time limit which they shall determine, to comply with its obligations, to cease any unlawful act or to remove any unlawful or prohibited clause.
Any injunction issued pursuant to this article may be accompanied by a daily penalty payment of up to 3,000 euros.
The total sums requested for the liquidation of the periodic penalty payment may not exceed 300,000 euros.
Where the established infringement is punishable by a fine of at least 75,000 euros, the periodic penalty payment ordered pursuant to this article may be determined on the basis of the worldwide turnover excluding tax achieved during the last financial year of the controlled legal entity, without being able to exceed 0.1% of this turnover.
The total of the sums requested for the liquidation of the periodic penalty payment may not exceed 5% of the worldwide turnover excluding tax for the last financial year for which the accounts have been closed. If the injunction is addressed to a legal entity whose accounts have been consolidated or combined pursuant to the provisions applicable to its corporate form, the turnover taken into account is that shown in the consolidated or combined accounts of the consolidating or combining legal entity.
The injunction shall specify the amount of the daily penalty incurred.
The daily penalty shall run from the day following the expiry of the time limit set for the trader to comply with the injunction.
In the event of total or partial non-compliance or late compliance, the administrative authority responsible for competition and consumer affairs may proceed, under the conditions provided for in Article L. 522-5, to liquidate the penalty.
In determining the total amount of the liquidated astreinte, it shall take into account the circumstances of the case.
