In the event of failure to comply with the commitments accepted by the Autorité de régulation de la communication audiovisuelle et numérique in accordance with the procedure laid down in Article R. 331-34 or in the event of failure to comply with the injunction issued pursuant to the provisions of Articles R. 331-36 and R. 331-37, the applicant referred to in these Articles may refer the matter to the authority so that it may issue the financial penalty provided for in Article L. 331-29 against the holder of the rights to the technical measure.
This financial penalty may also be imposed, at the request of the holder of the rights in the technological measure, on the applicant if the latter fails to comply either with the undertakings it has given and which have been accepted by the authority in accordance with the procedure laid down in Article R. 331-34, or the commitments imposed on him by the authority pursuant to the provisions of I of article R. 331-36.
The authority shall rule at the end of the procedure provided for in articles R. 331-24 to R. 331-31 and R. 331-35.