Any grouping of retail merchants established with a view to carrying out one or more of the activities referred to in 1°, 3° and 4° of article L. 124-1 must, if it has not adopted the form of a société coopérative de commerçants détaillants governed by the provisions of this chapter, be constituted in the form of a société anonyme, a société à responsabilité limitée, an economic interest grouping or a European economic interest grouping.
The Public Prosecutor or any interested person may apply to the president of the competent court ruling in summary proceedings to enjoin, where appropriate under penalty, the trader members of the grouping formed in breach of the first paragraph to form themselves in one of the forms provided for.