Subsection 2: Criminal penalties

Failing to provide the customer with a copy of the contract under the conditions set out in article L. 221-9 or delivering a contract that does not comply with the provisions of the same article is punishable by two years’ imprisonment and a fine of 150,000 euros.

The failure to provide the standard withdrawal form provided for in article L. 221-9 or the supply of a form that does not comply with the provisions of 7° of article L. 221-5 are punishable by two years’ imprisonment and a fine of 150,000 euros.

In breach of the provisions of article L. 221-10, payment or consideration before the expiry of the period of seven days from the conclusion of the off-premises contract is punishable by two years’ imprisonment and a fine of 150,000 euros.

Any person who contravenes the provisions of article L. 221-10-1 is punishable by one year’s imprisonment and a fine of 150,000 euros.

Where a fine is imposed pursuant to articles L. 242-5 and L. 242-6, following a request for mutual assistance under Article L. 511-10 involving a large-scale or EU-wide infringement, pursuant to Article 21 of Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws, its amount may be increased to 4% of…

Natural persons convicted of the offences punishable under Articles L. 242-5 to L. 242-7-1 shall also incur, as additional penalties, the prohibition, in accordance with the procedures laid down in article 131-27 of the Criminal Code, either from holding a public office or from engaging in the professional or social activity in the exercise or on the occasion of the exercise of which the offence was committed, to exercise a…

In criminal proceedings brought against the seller, service provider or direct seller, pursuant to the provisions of articles L. 242-5 to L. 242-7-1, a consumer who has brought a civil action shall be entitled to claim before the criminal court a sum equal to the amount of the payments made or the instruments subscribed, without prejudice to any damages.