Article L512-3 of the French Consumer Code
November 8, 2023
Professional secrecy may not be invoked against officials acting within the scope of the powers conferred on them by this Book.
Professional secrecy may not be invoked against officials acting within the scope of the powers conferred on them by this Book.
It is forbidden to obstruct the performance of the duties of authorised agents. The agents mentioned in articles L. 511-3, L. 511-21 and L. 511-22 are empowered to investigate and record this offence.
When the premises mentioned in article L. 512-5 are also for residential use, checks may only be carried out between 8 a.m. and 8 p.m. and, if the occupant objects, with the authorisation of the liberty and custody judge of the judicial court in whose jurisdiction the premises are located. .
Where the establishment of proof of the offence or breach depends on it and it cannot be established otherwise, authorised agents may only decline their capacity when they inform the person being inspected of the finding of an offence or breach.
Authorised agents may demand to be provided with documents of any kind likely to facilitate the performance of their duties. They may obtain them or take copies of them, by any means and on any medium, or seize these documents wherever they may be found.
Authorised officials may demand that they be provided with the resources they need to carry out their checks.They may also require any packaging to be opened.
The authorised agents may collect, on the spot or when summoned, any information, justification or document necessary for the controls. The authorised agents pursuant to article L. 511-3 may, on being summoned or on site, hear any person likely to provide information useful to their findings. They shall draw up a report, which must include the questions to be answered. The persons interviewed read the minutes themselves, may have their…
Where documents are in computerised form, authorised agents have access to software and stored data as well as to the unencrypted reproduction of information likely to facilitate the performance of their duties. They may request that the information be transcribed by any appropriate process into documents that can be directly used for the purposes of the inspection.
When they observe an infringement, the authorised officers may take a sample of the goods or a copy thereof to be used as evidence. A report will be drawn up when a sample is taken.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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