Without prejudice to the award of damages, a civil fine may be imposed, following a request for mutual assistance under Article L. 511-10 relating to 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, against a trader who uses, on a continuous basis, a commercial practice that is recognised as unfair, within the meaning of Article L. 121-1, other than one of those mentioned in the fourth paragraph of this article, by a court decision that has become final in its regard.
A civil fine may also be imposed, under the same conditions, on a trader who continuously uses a commercial practice recognised as unfair, within the meaning of Article L. 121-1, other than one of those mentioned in the fourth paragraph of this article, by a decision of the Conseil d’Etat or an opinion issued pursuant to the article L. 113-1 du code de justice administrative, or a judgment of the Cour de cassation or an opinion issued pursuant to the Article L. 441-1 of the Code of Judicial Organisation.
The administrative authority responsible for competition and consumer affairs, acting on the basis of article L. 524-2 or intervening in the proceedings, consumer defence associations, acting on the basis of articles L. 621-7, L. 621-9, L. 622-1 and L. 623-1, the public prosecutor or the consumer may ask the court seised to impose a civil fine of up to 300,000 euros.
This amount may be increased, in proportion to the benefits derived from the practices in question, to 4% of average annual sales, calculated on the basis of the last three annual sales known on the date of the decision. If no information is available to calculate the fine on the basis of turnover, the amount of the fine may be increased to two million euros.
The court may order the publication, dissemination or posting of its decision or an extract therefrom in the manner it specifies. It may order the inclusion of the decision or an extract therefrom in the report drawn up on the operations of the financial year by the managers, the board of directors or the management board of the company. The costs shall be borne by the convicted person.