Without prejudice to the award of damages, a civil fine may be imposed on a professional who in bad faith obstructs the implementation of the legal guarantee of conformity provided for in articles L. 224-25-17 to L. 224-25-25.
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.
The amount of the fine may be increased, in proportion to the benefits derived from the practices in question, to 10% of average annual sales, calculated on the basis of the last three annual sales known on the date of the decision.
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.