Subsection 1: Misleading commercial practices

The offence of misleading commercial practice defined in articles L. 121-2 to L. 121-4 is constituted as soon as the practice is implemented or produces its effects in France.

The misleading commercial practices referred to in Articles L. 121-2 to L. 121-4 are punishable by two years’ imprisonment and a fine of 300,000 euros. The amount of the fine may be increased, in proportion to the benefits derived from the offence, to 10% of the average annual turnover, calculated on the basis of the last three annual turnover figures known on the date of the offence, or to 50%…

When the misleading commercial practices mentioned in articles L. 121-2 to L. 121-4 have been followed by the conclusion of one or more contracts, the prison sentence provided for in Article L. 132-2 is increased to three years.

When the misleading commercial practices mentioned in articles L. 121-2 to L. 121-4 have been committed as part of an organised gang, the prison sentence provided for in Article L. 132-2 is increased to seven years.

Natural persons guilty of the offence punishable under article L. 132-2 shall also incur as additional penalties the prohibition, in accordance with the terms set out in Article 131-27 of the Criminal Code, to hold a public office or to engage in the professional or social activity in the exercise or on the occasion of the exercise of which the offence was committed, or to engage in a commercial or…

In the event of a conviction, the court shall order, by any appropriate means, the posting or broadcasting of all or part of the decision or of a press release informing the public of the reasons for and the operative part of the decision. It may also order one or more corrective notices to be published at the expense of the convicted person. The judgment sets out the terms of…

Failure to carry out the corrective notices provided for in article L. 132-4 is punishable by two years’ imprisonment and a fine of 300,000 euros.

For the application of articles L. 132-2 and L. 132-3 the court may ask both the parties and the advertiser to provide all relevant documents.

Refusal to communicate the justification or advertising distributed under the conditions provided for in article L. 132-6 is punishable by two years’ imprisonment and a fine of 300,000 euros.

The cessation of the misleading commercial practice may be ordered by the investigating judge or by the court hearing the case, either at the request of the public prosecutor or ex officio. 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…