A buyer of agricultural products or foodstuffs who allows his supplier to charge an unfairly low transfer price incurs liability and is obliged to compensate the damage caused.
To characterise an unfairly low transfer price, account is taken in particular of the production cost indicators mentioned in articles L. 631-24, L. 631-24-1, L. 631-24-3 and L. 632-2-1 of the French Rural and Maritime Fishing Code or, where applicable, any other available indicators, including those drawn up by the Observatoire de la formation des prix et des marges des produits alimentaires mentioned in article L. 682-1 of the same code. In the case of a first transfer, the indicators in the agricultural producer’s contract proposal are also taken into account.
Article L. 442-4 shall apply to the action provided for in this article.