Other Prohibited Practices
LexInter | August 27, 2002 | 0 Comments

Other Prohibited Practices

Article L443-1

Barely a fine of 75,000 euros, the payment period, by any producer, reseller or service provider, cannot be greater than:

1 ° Thirty days after the end of the delivery decade for purchases of perishable food products and frozen or deep-frozen meats, frozen fish, ready meals and canned goods made from perishable food products, with the exception of purchases of seasonal products made under the so-called cultivation contracts referred to in Articles L. 326-1 to L. 326-3 of the Rural Code;

2 ° Twenty days after the delivery day for purchases of live cattle intended for consumption and derived fresh meats;

3 ° Thirty days after the end of the month of delivery for purchases of alcoholic beverages liable to consumption rights provided for in article 403 of the general tax code;

4 ° In the absence of interprofessional agreements concluded in application of Book VI of the Rural Code and made compulsory by regulation for all operators throughout the metropolitan territory or of interprofessional decisions taken in application of the law of April 12, 1941 establishing an interprofessional committee for Champagne wine with regard to payment deadlines, forty-five days from the end of the month or sixty days from the date of issue of the invoice for purchases of grapes and must intended for the production of wines as well as alcoholic beverages liable to the circulation rights provided for in article 438 of the same code

Article L443-2

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

(Law n ° 2005-882 of August 2, 2005 art. 52 Official Journal of August 3, 2005)

I. – Is punished by two years’ imprisonment and a fine of 30,000 euros for making the artificial increase or decrease either in the price of goods or services, or of public or private effects, in particular to the opportunity for remote auctions:
1 ° By disseminating, by any means whatsoever, false or slanderous information;
2 ° By introducing on the market or by soliciting either offers intended to disturb the prices, or over-offers or under-offers made at the prices requested by the sellers or service providers;
3 ° Or by using any other fraudulent means.
The attempt is punished with the same penalties.
II. – When the artificial rise or fall in prices concerns food products, the penalty is increased to three years’ imprisonment and a fine of 45,000 euros.
III. – Individuals guilty of the offenses provided for in this article also incur the following additional penalties:
1 ° The prohibition of civic, civil and family rights, in accordance with the terms of article 131-26 of the penal code;
2 ° The display or dissemination of the decision pronounced under the conditions provided for by article 131-35 of the penal code.

Article L443-3

Legal persons declared criminally responsible for the offenses provided for in I and II of article L. 443-2 incur the penalties mentioned in 2 ° to 6 ° and 9 ° of article 131-39 of the penal code.

The prohibition mentioned in 2 ° of article 131-39 of the same code relates to the activity in the exercise of or on the occasion of the exercise of which the offense was committed.

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