Subsection 1: Civil penalties

Unfair terms are deemed unwritten.The contract remains enforceable in all its provisions other than those deemed unfair if it can survive without such terms.The provisions of this article are of public order.

Without prejudice to the award of damages, a civil fine may be imposed on a trader who, in contracts offered to or concluded with consumers or non-traders, continues to use contractual terms in identical contracts that have been deemed unfair, within the meaning of Article L. 212-1 with the exception of its fourth paragraph, by a court decision that has become final with regard to it. The administrative authority responsible…