Chapter III: Financial penalties imposed by the administrative authority responsible for competition and consumer affairs

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Article L5473-1

French Public Health CodeIn force

Updated 6 Nov 2023

I.-Within the area of competence determined in II of articles L. 5211-2 and L. 5221-2, the administrative authority responsible for competition and consumer affairs mentioned in article L. 522-1 of the Consumer Code may impose a financial penalty on the perpetrator of an infringement mentioned in articles L. 5461-9 and L. 5462-8 of this Code, in accordance with the procedure laid down in Chapter II of Title II of Book V of the Consumer Code.

II.-The administrative authority responsible for competition and consumer affairs may impose this financial penalty on the perpetrator of an infringement mentioned in articles L. 5461-9 and L. 5462-8 of this Code, in accordance with the procedure laid down in Chapter II of Title II of Book V of the Consumer Code.The administrative authority responsible for competition and consumer affairs may add to this financial penalty a daily fine, which may not exceed €2,500 per day, if the person responsible for the breach has not complied with its requirements by the end of the period set by a formal notice.

III. -The amount of the penalty imposed for the breaches mentioned in 9° and 14° to 17° of Article L. 5461-9 and in 8°, 11°, 12° and 13° of Article L. 5462-8 may not exceed €150,000 for a natural person and 10% of the turnover for the last financial year for which the accounts have been closed, up to a maximum of €1 million, for a legal entity.

The amount of the penalty imposed for the breaches mentioned in 1° to 8°, 10° to 13° and 18° to 21° of Article L. 5461-9 and in 1° to 7°, 9°, 10° and 14° to 17° of Article L. 5462-8 may not exceed €150,000 in the case of a natural person and 30% of the turnover achieved in the last financial year for the product or group of products concerned, subject to a limit of €1 million, in the case of a legal entity.

If one of the breaches referred to in 11°, 12° and 13° of Article L. 5461-9 and 9° and 10° of Article L. 5462-8, the administrative authority responsible for competition and consumer affairs may impose a ban on the advertising concerned by the breach if the person responsible for the breach has not complied with its requirements by the end of the period set by a formal notice.

IV. - The administrative authority responsible for competition and consumer affairs may impose a ban on the advertising concerned by the breach if the person responsible for the breach has not complied with its requirements by the end of the period set by a formal notice.The administrative authority responsible for competition and consumer affairs may decide to publish financial penalty decisions issued under I of this article on its website or a website of the Ministry responsible for the economy.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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