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Ordinance No. 2005-1086 Of 1 September 2005 Establishing A Transactional Regulation For The Contravention Of The Commercial Code And Of The Consumer Code And Adaptation Of Investigative Powers And Strengthening Administrative Cooperation...

Original Language Title: Ordonnance n° 2005-1086 du 1er septembre 2005 instaurant un règlement transactionnel pour les contraventions au code de commerce et au code de la consommation et portant adaptation des pouvoirs d'enquête et renforcement de la coopération administ...

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Summary

Application of Article 38 of the Constitution. Application of Law No. 2004-1343 of 9 December 2004 on the simplification of the law, including Article 83. Change of the trade code and consumer code.

Keywords

OVERVIEW, OVERVIEW,

Legislative records




JORF no. 204 of 2 September 2005 page 14255
text No. 11



Order No. 2005-1086 of 1 September 2005 establishing a transactional regulation for contraventions of the trade code and the consumer code and adapting investigative powers and strengthening administrative cooperation in consumer protection

NOR: ECOX0500184R ELI: https://www.legifrance.gouv.fr/eli/ordre/2005/9/1/ECOX0500184R/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/ordre/2005/9/1/2005-1086/jo/texte


President of the Republic,
On the report of the Prime Minister, Minister of Economy, Finance and Industry and Seal Guard, Minister of Justice,
Having regard to the Constitution, including article 38;
Considering Regulation EC No. 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection legislation;
Seen the civil code;
Considering the trade code;
Considering the code of consumption;
Considering the criminal code;
Considering the Code of Criminal Procedure;
Considering Law No. 2004-1343 of 9 December 2004 on the simplification of the law, in particular its article 83;
The Council of State heard;
The Council of Ministers heard,
Order:

Article 1 Learn more about this article...


I. - In article L. 470-4-1 of the Commercial Code, after the words: "is not incurred" are inserted the words: "and for the contraventions provided for in this book".
II. - After Article L. 141-1 of the Consumer Code is inserted an article L. 141-2 as follows:
"Art. L. 141-2. - For the contraventions set out in Books I and III of this Code, the administrative authority responsible for competition and consumption is entitled, as long as the public action has not been put into motion, to transfer, after agreement of the public prosecutor, in accordance with the terms fixed by decree in the Council of State.
"The act by which the Public Prosecutor agrees to the proposed transaction is interrupted by the requirement of public action.
"Public action is extinguished when the perpetrator of the offence has performed within the time limit the obligations resulting from the acceptance of the transaction. »
III. - After article L. 216-10 of the consumer code is inserted an article L. 216-11 as follows:
"Art. L. 216-11. - For the contraventions provided for in this book, the administrative authority responsible for competition and consumption is entitled, as long as the public action has not been put in motion, to transfer, after agreement of the public prosecutor, in accordance with the terms fixed by decree in the Council of State.
"The act by which the Public Prosecutor agrees to the proposed transaction is interrupted by the requirement of public action.
"Public action is extinguished when the perpetrator of the offence has performed within the time limit the obligations resulting from the acceptance of the transaction. »

Article 2 Learn more about this article...


Section L. 141-1 of the Consumer Code is replaced by the following provisions:
"Art. L. 141-1. - I. - Are searched for and found under the conditions set out in articles L. 450-1, L. 450-2, L. 450-3 L. 450-4, L. 450-7, L. 450-8, L. 470-1 and L. 470-5 of the Commercial Code, offences under the provisions of the Consumer Code by:
« 1° Section II "sales of goods and supplies of remote services in chapter I of Book I title II;
« 2° Section III "Starting Chapter I of Title II of Book I;
« 3° Section IX "Conrat de enjoyment d'immeuble à temps partagée du chapitre I du titre II du livre Ier ;
« 4° Section III "sales or benefits to the snowball of chapter II of Book I title II;
« 5° Section IV "abuse of weakness of chapter II of title II of Book I;
« 6° Section VII "sanctions of chapter I entitled "credit to consumption of title I of book III;
« 7° Section VII "sanctions of Chapter II entitled "Real credit for Title I of Book III;
« 8° Sub-section 2 "Wear rate of chapter III, section I, entitled "Common provisions of title I of Book III;
« 9° Chapter II "Different provisions of title II of Book III.
“II. - Are searched and found under the conditions established by articles L. 450-1, L. 450-2, L. 450-3, L. 450-7 and L. 450-8, L. 470-1 and L. 470-5 of the Commercial Code for offences under the provisions of the Consumer Code:
« 1° Article L. 113-3;
« 2° Section V "sales or benefits with bonuses of Chapter I of Title II of Book I;
« 3° Section VI "Pictures of Chapter I title II of Book I;
« 4° Section I "refused and subordination of sale or service delivery of Chapter II of Book I II;
« 5° Section II "sales without prior order of Chapter II of Title II of Book I and Article R. 122-1;
« 6° Section I "protection of consumers against abusive clauses in Chapter II of Title III of Book I;
« 7° Section XI "Electronic Communications Services Contracts of Chapter I of Title II of Book I.
"III. - Professional secrecy may not be opposed to agents acting under the powers conferred on them by this article.
"IV. - Agents who are entitled to observe the offences referred to in this article may apply to the professional, by providing him with a reasonable period of time, to comply with the obligations arising out of Books I and III of the Consumer Code or to stop the unlawful or abusive acts referred to in I and II of this article.
"V. - The administrative authority responsible for competition and consumption may apply to the civil court or, where appropriate, to the administrative jurisdiction, to order, if any, the removal of an unlawful or abusive clause in any contract or contract proposed or intended for the consumer. It may, after having notified the prosecutor of the Republic, act before the civil court, to request the judge to order, if any, any measure of a nature to put an end to the unlawful acts referred to in I and II of this article. The modalities for the implementation of these procedures are set by decree in the Council of State. »

Article 3 Learn more about this article...


In article L. 121-2 of the Consumer Code, after the words: "minutes" are inserted the words: "on the whole national territory".

Article 4 Learn more about this article...


I. - Section L. 311-36 of the Consumer Code is replaced by the following provisions:
"Art. L. 311-36. - Offences to the provisions of the decrees mentioned in the second paragraph of Article 1 of Decree No. 55-585 of 20 May 1955 relating to credit sales shall be punished by a fine of EUR 30,000. »
II. - Articles L. 121.20-17, L. 121-30, L. 121-40, L. 122-2, L. 122-11, L. 313-14, L. 322-4 of the Consumer Code are repealed.

Article 5 Learn more about this article...


After the article L. 141-2 of the Consumer Code is inserted an article L. 141-3 as follows:
"Art. L. 141-3. - I. - The provisions of Article 11 of the Code of Criminal Procedure or those relating to professional secrecy do not hinder the communication, by the agents of the General Directorate of Competition, Consumption and Suppression of Frauds, according to the conditions and modalities of Regulation EC No. 2006/2004 of the European Parliament and of the Council of 27 October 2004, to the competent authorities of the Member States of the European Union of information and documents detained and collected in the exercise
“II. - Agents authorized to note the offences referred to in Article L. 141-1 and Article L. 121-1 of the Consumer Code may also cooperate with the competent authorities of the member countries of the Organisation for Economic Co-operation and Development (OECD), non-members of the European Union, in order to prevent or stop illicit cross-border trade practices. This cooperation consists in the establishment of contacts, exchanges of information not covered by professional secrecy or secrecy of instruction, and in the orientation of consumer complaints in third countries. »

Article 6


The Prime Minister, the Minister of Economy, Finance and Industry, and the Minister of Justice, are responsible for the application of this Order, which will be published in the Official Journal of the French Republic, each in respect of it.


Done in Paris on 1 September 2005.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Dominique de Villepin

Minister of Economy,

finance and industry,

Thierry Breton

The Seal Guard, Minister of Justice,

Pascal Clément


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