Infringements of the provisions of articles L. 3323-2, L. 3323-4 to L. 3323-6, relating to the advertising of alcoholic beverages, are punishable by a fine of 75,000 euros. The maximum fine may be increased to 50% of the amount spent on the illegal operation.
In the event of a repeat offence, natural persons found guilty of the offence referred to in the previous paragraph may incur the additional penalty of a five-year ban on selling the alcoholic beverage that was the subject of the illegal operation.
The court may, having regard to the circumstances of the case, decide that legal entities are wholly or partly jointly and severally liable for payment of the fines imposed on their directors or employees.
Where appropriate, the court will order the removal, removal or confiscation of the prohibited advertising at the expense of the offenders.
The cessation of advertising may be ordered either at the request of the public prosecutor or ex officio by the investigating judge or the court hearing the case. The measure thus taken is enforceable notwithstanding any means of appeal. It may be lifted by the court that ordered it or that is seized of the case. The measure ceases to have effect in the event of a decision to dismiss or acquit.
Decisions on applications for release may be appealed to the investigating chamber or to the court of appeal, depending on whether they were handed down by an investigating judge or by the court hearing the case.
The Investigating Chamber or the Court of Appeal shall rule within ten days of receipt of the documents.