LexInter | January 30, 2002 | 0 Comments

FIR LAW

DOCTRINAL BIBLIOGRAPHY JURISPRUDENTIAL BIBLIOGRAPHY
PUBLICITY PUBLICITY

Chapter II of Title II of Law No. 93-122 of January 29, 1993 relating to the prevention of corruption and the transparency of economic life and public procedures

Chapter II

Advertising services

Art. 20 – Any purchase of advertising space or service for the purpose of publishing or distributing advertising materials can only be carried out by an intermediary on behalf of an advertiser and within the framework of a written mandate contract. .

This contract sets the conditions of the agent’s remuneration by detailing, if applicable, the various services that will be performed under this mandate contract and the amount of their respective remuneration. It also mentions the other services rendered by the intermediary outside the mandate contract and the total amount of their remuneration. Any discount or tariff advantage of any kind granted by the seller must appear on the invoice delivered to the advertiser and may not be retained in whole or in part by the intermediary except by virtue of an express stipulation of the contract of mandate.

Even if the purchases mentioned in the first paragraph are not paid directly by the advertiser to the seller, the invoice is communicated directly by the latter to the advertiser.

Art. 21 – The agent mentioned in the first paragraph of article 20 may not receive any other payment than that paid to him by his principal for the remuneration of the exercise of his mandate nor any remuneration or any advantage from the seller.

Art. 22 – The service provider who provides media planning consulting services or advertising space support recommendation may not receive any remuneration or advantage from the space seller.

Art. 23 – The seller of advertising space in the capacity of support or management reports directly to the advertiser in the month following the broadcast of the advertising message on the conditions under which the services were performed.

In the event of a modification to be made in the conditions of distribution of the advertising message, the advertising space seller notifies the advertiser and obtains his agreement on the planned changes. He reports to him on the changes made.

In the event that the purchase of advertising space is made through an agent, the obligations provided for in the previous paragraph are incumbent on both the seller vis-à-vis the agent and the agent vis-à-vis the agent. ‘advertiser.

Art. 24 – Anyone who provides media planning consulting services or advertising space support recommendations must indicate in their general conditions of sale the financial links that they have or that their group has with the sellers mentioned in article 20, specifying the amount of these participations.

Art. 25 – 1 ° Is punished by a fine of 200,000 F the fact:

  1. a) For any advertiser or any intermediary not to draw up a written contract in accordance with the provisions of the first two paragraphs of Article 20;
    b) For the person who provides media planning consulting services or advertising space support recommendation, not to indicate in its general conditions of sale the information provided for in article 24.

2 ° Is punished by the sanctions provided for in article 31 of ordinance n ° 86-1243 of December 1, 1986 relating to freedom of prices and competition, the fact that a seller does not communicate the invoice directly to the ‘advertiser in accordance with the provisions of the third paragraph of Article 20.

3 ° Is punished by a fine of 2 000 000 F the fact:

  1. a) For any person who provides media planning consulting services or advertising space support recommendation, to recommend or make a purchase of advertising space, on behalf of an advertiser, from a seller of advertising space. ” advertising space with which it maintains or with which its group maintains financial links, by knowingly giving this advertiser false or misleading information on the characteristics or on the selling price of the advertising space of the recommended medium or of the media which it uses are substitutable;
    b) For any agent mentioned in article 20, to receive any remuneration or any benefit from other persons than his principal;
    c) For any seller mentioned in article 20, to grant any remuneration or any advantage to the advertiser’s agent or service provider;
    d) For any person who provides media planning consulting services or advertising space support recommendation, to receive any remuneration or advantage from the advertising space seller.

For the offenses provided for in 1 °, 2 ° and 3 ° above, legal persons may be declared liable, in accordance with article 121-2 of the penal code. They also incur the penalty of exclusion from public contracts, for a period of five years at most, in application of 5 ° of article 131-39 of the penal code.

The officials designated by the first paragraph of article 45 of the aforementioned ordinance n ° 86-1243 of 1 December 1986 may proceed with the inquiries necessary for the application of this chapter according to the modalities provided for in articles 46 to 48, 51 and 52 of the same ordinance.

Art. 26 – For the application of articles 20 to 25 of this law, the advertising agency is considered as a space seller.

The agent mentioned in article 20 is not considered to be a commercial agent within the meaning of article 1 of law n ° 91-593 of June 25, 1991 relating to the relationship between commercial agents and their principals.

The expression “purchase of advertising space” does not have the effect of limiting the responsibility of the director of publication established by the law of July 29, 1881 on freedom of the press.

Art. 27 – The provisions of this chapter apply regardless of the place of establishment of the intermediary, since the advertising message is made for the benefit of a French company and is mainly received on French territory.

Art. 28 – The provisions of the first two chapters of this title will take effect from March 31, 1993, with the exception of the provisions of III of article 18, the last three paragraphs of article 19 and the second paragraph of d of 3 ° of article 25 which will take effect from 1 September 1993.

Art. 29 – At the end of a period of three years after the entry into force of the provisions of this chapter, the Government will present to Parliament a report on its conditions of application.

Decree n ° 95-225 of March 1, 1995 taken for the application of article 41 (c) of law n ° 93-122 of January 29, 1993

relating to the prevention of corruption and to the transparency of economic life and public procedures, concerning the methods of publication of public service delegations

The Prime Minister,

On the report of the Minister of State, Minister of the Interior and Regional Planning, and of the Minister of the Economy,

Considering the amended law n ° 93-122 of January 29, 1993 relating to the prevention of corruption and the transparency of economic life and public procedures, and in particular its article 41;

After hearing the Council of State (finance section),

Decrees:

Art. 1st. – The authority responsible for the delegating public body meets the publicity requirement provided for in c of article 41 of the aforementioned law of 29 January 1993 either by an insertion in a specialized publication corresponding to the economic sector concerned, or by a insertion in a publication authorized to receive legal notices.

This insertion specifies the deadline for presenting offers, which may not be less than fifteen days from the date of publication.

It also specifies the methods of presentation of these offers and mentions the essential characteristics of the envisaged agreement, in particular its object and its nature.

Art. 2 – The Minister of State, Minister of the Interior and Regional Planning, and the Minister of the Economy are responsible, each as far as he is concerned, with the execution of this decree, which will be published in Official Journal of the French Republic.

Done in Paris, March 1, 1995.

Edouard Balladur

By the Prime Minister:

The Minister of the Economy,

Edmond Alphandéry

The Minister of State, Minister of the Interior and Regional Planning,

Charles Pasqua

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