Key Benefits:
Publics concerned: jurisdictions, administrations and any legal person cited in theArticle L. 440-1 of the Commercial Codesuch as professional or trade union organizations, registered consumer associations, consular or agricultural chambers, and any producer, supplier or reseller who was injured by a commercial practice.
Subject: Terms of publication of notices rendered by the Trade Practice Review Board, pursuant toArticle L. 440-1 of the Commercial Code.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree is part of the fight against restrictive business practices of competition, in accordance with the provisions of the Act No. 2014-344 of 17 March 2014 on consumerism that reinforce and strengthen the role of the Trade Relations Review Board. In this context, this commission makes educational notices accessible to all professionals from its website. To date, notices are only published when the author of the referral has authorized the publication. However, in its last activity report, the Commission regrets that this agreement is only too rarely given.
This decree therefore amends the terms and conditions of publication, in order to permit a wider dissemination of the opinions adopted, while respecting the anonymity of the applicant and all other economic actors concerned by the notice, in accordance with theArticle L. 440-1 of the Commercial Code. This text reinforces the pedagogical role of the Trade Practice Review Board among professionals and the effectiveness of its work.
References: theArticle D. 440-8 of the Commercial Code Amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy, Industry and Digital Affairs,
Vu le Trade codeincluding article L. 440-1,
Decrete:
In article D. 440-8 of the Commercial Code, the words: "Notices with the Author's Agreement" are replaced by the words: "Notices it adopts".
The Minister of Economy, Industry and Digital Affairs is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on January 28, 2015.
Manuel Valls
By the Prime Minister:
Minister of Economy, Industry and Digital,
Emmanuel Macron
