French Commercial code
In forceI. - For perishable agricultural products or products from short production cycles, live animals, carcasses or for fishery and aquaculture products, included on a list established by decree, a distributor or service provider may only benefit from discounts, rebates and refunds or provide for payment for services rendered in connection with their resale, suitable for promoting their marketing and not falling under the obligations of purchase and sale, or services with a distinct purpose, if these are provided for in a written contract relating to the sale of these products by the supplier.
This written contract includes, in particular, clauses relating to volume commitments, the methods for determining the price according to the volumes and qualities of the products and services concerned and the setting of a price. It shall mention any pricing advantages granted by the supplier to the distributor in relation to the latter's commitments. If the supplier undertakes to grant consumers promotional advantages on its products or services, the conditions for granting these advantages must be set out in mandates entrusted to the distributor in accordance with the provisions of VII of Article L. 441-4.
When a standard contract relating to the activities mentioned in the first paragraph is included in an inter-trade agreement adopted by the inter-trade organisation recognised for the product concerned and extended pursuant to the provisions of Articles L. 632-3 et L. 632-4 of the Rural and Maritime Fishing Code, the contract referred to in the first paragraph complies with this standard contract.
The second and third paragraphs do not apply to products for which the conclusion of written contracts is compulsory pursuant to Article L. 631-24 of the Rural and Maritime Fishing Code.
II. - By way of derogation, a purchaser, distributor or service provider may not benefit from discounts, rebates or refunds for the purchase of fresh fruit and vegetables.
He may, however, benefit from price reductions resulting from a qualitative or quantitative non-conformity of the product delivered with the order if an agreement, concluded by an interprofessional organisation recognised under the conditions provided for in article L. 632-1 du code rural et de la pêche maritime, has specified the conditions.
This agreement may be extended in accordance with articles L. 632-3 and L. 632-4 of the same code.
III. - Any breach of the provisions of I and II by the purchaser, distributor or service provider is punishable by an administrative fine, the amount of which may not exceed €15,000 for a natural person and €75,000 for a legal entity.
The maximum fine incurred is increased to €30,000 for a natural person and €150,000 for a legal entity if the breach is repeated within two years of the date on which the first penalty decision became final.
