Section 1: Civil action

Regularly declared associations whose express statutory purpose is to defend the interests of consumers may, if they have been approved for this purpose pursuant to article L. 811-1, exercise the rights granted to civil parties in relation to acts that directly or indirectly harm the collective interests of consumers. The organisations defined in the article L. 211-2 of the Code de l’action sociale et des familles are exempt from the…

The consumer associations mentioned in article L. 621-1 and acting under the conditions specified in this article may request the civil court, ruling on the civil action, or the criminal court, ruling on the civil action, to order the defendant or the accused, where appropriate under a fine, to take any measure intended to put a stop to unlawful conduct or to remove an unlawful clause from the contract or…

The criminal court seised under the conditions of article L. 621-1 may, after finding the accused guilty, postpone sentencing by ordering him or her, subject to a fine if appropriate, to comply, within a set period, with the prescriptions it determines and which are intended to put an end to the unlawful conduct or to remove an unlawful clause from the contract or type of contract offered to consumers.

In the event that the criminal court attaches a penalty to the adjournment, it shall specify the rate of the penalty and the date from which it begins to run.The adjournment, which may only occur once, may be decided even if the accused does not appear in person.The judge may order provisional enforcement of the injunction decision.

The astreinte is recovered by the competent public accountant in the same way as a criminal fine. It cannot give rise to a judicial constraint.