French Consumer Law is a comprehensive and comparative overview of French and EU law in this field, covering: advertising, unfair commercial practices, conditions for the validity of contracts, unfair terms, product conformity, latent defects, product safety.

French Consumer Law

The Hamon Law introduced into the Consumer Code a system of administrative penalties applicable to any breach of the pre-contractual information requirement of Article L. 221-5 and the obligation to provide the consumer with such information on paper or any other durable medium. Such breaches were initially punishable under Article L. 242-10 by an administrative fine of up to EUR 3,000 for a natur …

Administrative sanction

The Hamon Law introduced into the Consumer Code a system of administrative penalties applicable to any breach of the pre-contractual information requirement of Article L. 221-5 and the obligation to provide the consumer with such information on paper or any other durable medium. Such breaches were initially punishable under Article L. 242-10 by an administrative fine of up to EUR 3,000 for a natural person and EUR 15,000 for a legal person.

Moreover, under Article L. 242-13 of the Consumer Code, any failure to comply with the provisions governing the conditions for the exercise of the consumer's right of withdrawal, and its effects, is liable to an administrative fine the amount of which may not exceed EUR 15,000 for a natural person and EUR 75,000 for a legal person. Since the adoption of Ordinance No 2021-1734, the maximum fine has been raised to EUR 15,000 for a natural person and EUR 75,000 for a legal entity.

Similarly, any failure to confirm the contract and the chosen medium, if applicable, is subject to the same penalty under Article L. 242-11.

The administrative fine is imposed in accordance with the conditions laid down in Chapter II of Title II of Book V of the Consumer Code, which provides for an adversarial procedure during which, after finding that the offense has been committed, the Administration informs the person in question in writing of the penalty envisaged against him and informing him that he can consult the documents of the file and be assisted by the counsel of his choice, and inviting him to present, within sixty days, his written or oral observations. After this period, the administrative authority may, by reasoned decision, impose the fine. The terms of application of this procedure, are specified in Article L. 522-1 et seq. of the Consumer Code.

Finally, new Article L. 242-14-1, enacted by Ordinance No 2021-1734, provides that when a fine is imposed following a request for mutual assistance relating to a large-scale infringement - including one committed at the European Union level - the amount of the fine may be up to 4% of average annual turnover, calculated on the basis of the last three annual turnovers known at the time of the offense.

French Consumer Law

470. Administrative sanction

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Les notions juridiques connexes

470. Administrative sanction

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise