If conciliation fails, the Autorité de Régulation de la Communication Audiovisuelle et Numérique may, in a reasoned decision taken at the end of the procedure laid down in I of Article R. 331-35, either reject the application referred to it or order the respondent to take the appropriate measures to ensure the effective benefit of the exception to copyright or related rights or the transmission of the digital file used to publish a printed work.
When issuing an injunction to ensure the effective benefit of an exception to copyright or related rights, the authority shall determine the terms and conditions for exercising this exception and shall in particular set, where applicable, the minimum number of copies authorised under the private copy exception, depending on the type of work or object protected, the various means of communication to the public and the possibilities offered by the protection techniques available.
The authority may also specify the commitments that the applicant must comply with in order to ensure the maintenance of the conditions of use of the protected content and the methods of access to it and, where applicable, the effectiveness and integrity of the technical measure implemented.
The authority may attach to its injunctions a penalty payment in accordance with the terms set out in II of Article R. 331-36.