Nre And Commercial Practices
LexInter | January 14, 2002 | 0 Comments

Nre And Commercial Practices

MORALIZATION OF COMMERCIAL PRACTICES

Article 48

In the first sentence of 2o of Article L. 420-4 of the Commercial Code, after the words: “economic progress”, the words are inserted: “, including through the creation or maintenance of jobs,”.

Article 49

  1. – The first paragraph of Article L. 441-2 of the Commercial Code is supplemented by a sentence worded as follows:
    “The indication relating to the origin is entered in characters of a size equal to that of the indication price.”
    II.- It is inserted, after the third paragraph of the same article, two paragraphs thus worded:
    “The price announcement, in catalogs or on any other promotional medium, except electronic, outside the point of sale, relating to the sale of a fresh fruit or vegetable, whatever its origin, is subject to the existence of ” an inter-professional agreement, concluded in accordance with the provisions of Article L. 632-1 of the Rural Code, which specifies the periods when such an announcement is possible and its terms. This inter-professional agreement may be extended in accordance with the provisions of Articles L. 632-3 and L. 632-4 of the same code.
    “Any violation of the provisions of the above paragraphs is punishable by a fine of 100,000 F.”
    III. – The second paragraph of the same article is deleted.

Article 50

After article 71 of law no.99-574 of 9 July 1999 on agricultural orientation, an article 71-1 is inserted as follows:
“Art. 71-1. – To deal with economic crises as defined in article 71, a contract concluded for a category of fresh fruit or vegetables and for a fixed period which may not exceed three months between professional organizations representing production or groups recognized producers, on the one hand, and, on the other hand, professional organizations representing processing, marketing or distribution or distributors making 25% or more of sales on the relevant market, may be made compulsory , in whole or in part, by interministerial decree signed by the Minister of Agriculture and the Minister responsible for the economy, after consultation with the Competition Council and the Commission for the Review of Commercial Practices. The order is taken for a period of validity which cannot exceed that of the contract. “

Article 51

At the beginning of Title IV of Book IV of the Commercial Code, before Chapter I, a preliminary chapter is inserted entitled: “General provisions” and comprising an article L. 440-1 thus worded:
“Art. L. 440-1. – A Commission for the Review of Commercial Practices is created. It is made up of a deputy and a senator appointed by the standing committees of their assembly competent in matters of commercial relations between suppliers and resellers, members, possibly honorary, of administrative and judicial jurisdictions, representatives of the production sectors. and agricultural and fishery processing, as well as industrial and artisanal, processors, wholesalers, distributors and administration, as well as qualified personalities. It is chaired by a magistrate of the administrative or judicial order. It includes an equal number of representatives of producers and dealers.
“The members of the commission are bound by professional secrecy for the facts, acts and information of which they may have become aware by virtue of their functions.
“The mission of the commission is to give opinions or formulate recommendations on questions, commercial or advertising documents, including invoices and contracts covered by industrial and commercial secrecy, and practices concerning commercial relations between producers, suppliers, resellers who are subject to it. It ensures, under the responsibility of its chairman, the anonymity of referrals and documents submitted to it, including vis-à-vis its members.
“The commission is referred to by the minister in charge of the economy, the minister in charge of the economic sector concerned, the president of the Competition Council, any legal person, in particular professional or trade union organizations, approved consumer associations, consular chambers or agriculture, as well as by any producer, supplier, reseller who considers himself aggrieved by a commercial practice. It can also be seized ex officio. The chairman of the committee may decide to set up several examination chambers within the committee.
“The opinion delivered by the committee relates in particular to the conformity with the law of the practice or of the document referred to it.
“The commission hears, at its request, the persons and officials it deems useful for the accomplishment of its mission. Its chairman may request that an investigation be carried out by the agents authorized for this purpose by article L. 450-1 of this code or article L. 215-1 of the consumer code, according to the procedures provided. The report of the investigation is given to the chairman of the commission, who ensures that it preserves the anonymity of the people concerned.
“The committee may also decide to adopt a recommendation on the issues referred to it and all those falling within its remit, in particular those relating to the development of good practices. When it follows a referral pursuant to the third paragraph, this recommendation does not contain any indication of such a nature as to allow the identification of the persons concerned. The recommendation is communicated to the Minister responsible for the economy and is published by decision of the commission.
“The commission also exercises a role of regular observatory of commercial practices, invoicing and contracts concluded between producers, suppliers and resellers submitted to it. It draws up an annual activity report, which it transmits to the Government and to the parliamentary assemblies. This report is made public.
“A decree determines the organization, the means and the operating methods of the commission as well as the conditions necessary to ensure the anonymity of the economic actors referred to in the opinions and recommendations of the commission. “

DECREE OF 31 DECEMBER 2001

Article 52

In the first paragraph of Article L. 420-1 of the Commercial Code, after the words: “are prohibited,”, are inserted the words: “even through the direct or indirect intermediary of a group company located outside of France, “.

Article 53

  1. – The fourth paragraph of Article L. 441-3 of the Commercial Code reads as follows:
    “The invoice also mentions the date on which payment must be made.It specifies the discount conditions applicable in the event of payment on a date prior to that resulting from the application of the general conditions of sale as well as the rate of penalties payable on the day following the date of payment entered on the invoice.Payment is deemed to have been made on the date on which the funds are made available by the client to the beneficiary or his surrogate. ”
    II. – The second and third paragraphs of article L. 441-6 of the same code are worded as follows:
    “Unless otherwise provided in the conditions of sale or agreed between the parties, the deadline for settling sums due is set at the thirtieth day following the date of receipt of the goods or of performance of the requested service.
    “The terms of payment must specify the conditions of application and the interest rate for late payment penalties due on the day following the date of payment appearing on the invoice in the event that the sums due are paid after this date. Unless otherwise provided, which cannot however set a rate lower than one and a half times the legal interest rate, this rate is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 7 points. percentage. Late penalties are payable without a reminder being necessary. ”
    III. – It is inserted, after article L. 441-6 of the same code, an article L. 441-7 as follows:
    “Art. L. 441-7. – For products and services intended for everyday household consumption, when the payment period agreed between the parties is greater than forty-five days, calculated from the date of delivery of the products or provision of the service, the buyer must provide, at its expense, a bill of exchange or a commercial paper in an amount equal to the sum contractually due to its supplier, if necessary increased by late payment penalties. This bill of exchange or commercial paper indicates the date of its payment. The sending of the bill of exchange or the commercial paper is carried out without any request or action of the debtor being necessary. If the payment period for the bill of exchange leads to exceeding the payment period provided for in the sales contract, the late payment penalties provided for in the third paragraph of article L. 441-6 are automatically applied without request from the supplier. “

Article 54

The sums due in execution of a public contract are paid within a maximum period set by decree in the Council of State from the date on which the administrative or technical conditions determined by the contract to which the mandates and payment are subject are met. .
Failure to pay within the period provided for in the first paragraph shall automatically and without further formality, for the benefit of the holder or the subcontractor, run default interest from the day following the expiry of the said period.
Default interest due in respect of local authority contracts is payable by the State when the delay is attributable to the public accountant.

Article 55

Default interest due for exceeding the overall payment deadline set in the public contract or, failing such mention in the contract, the maximum period provided for in article 54 shall be paid by the public purchaser. This maximum period may be different according to the categories of contracts.
Local authorities and local public establishments with a State accountant are reimbursed by the State, on a recursive basis, from the interest paid attributable to this accountant.
A decree specifies the methods of application of this article.

Article 56

Article L. 442-6 of the Commercial Code is thus amended:
1o The 2o, 3o, 4o and 5o of the I become respectively the 3o, 4o, 5o and 6o of the I;
2o In I, a 2o worded as follows:
“2o a) To obtain or attempt to obtain from a commercial partner any advantage that does not correspond to any commercial service actually rendered or clearly disproportionate with regard to the value of the service rendered. Such an advantage can consist in particular of the participation, not justified by a common interest and without proportionate consideration, in the financing of a commercial animation operation, of an acquisition or of an investment, in particular within the framework of the renovation. stores or the merger of
“B) To abuse the relationship of dependence in which he holds a partner or his buying or selling power by subjecting him to unjustified commercial conditions or obligations; ”
3o In 4o, after the words:” brutal rupture “, are inserted the words:” total or partial “;
4o The 5o reads as follows:
“5o to severely, even partially, an established commercial relationship, without written notice taking into account the duration of the commercial relationship and respecting the minimum period of notice determined, with reference to commercial practices, by inter-professional agreements. When the commercial relationship relates to the supply of products under private label, the minimum period of notice is twice that which would be applicable if the product were not supplied under private label. In the absence of such agreements, decrees of the Minister responsible for the economy may, for each category of products, set, taking into account trade practices, a minimum period of notice and regulate the conditions for the termination of commercial relations, in particular by depending on their duration. The foregoing provisions do not preclude the option of termination without notice, in the event of non-performance by the other party of its obligations or in the event of force majeure; ”
5o After the 6o, a 7o is inserted as follows:
“7o To subject a partner to clearly abusive terms of payment, taking into account good commercial practices and customs, and deviating to the detriment of the creditor, without objective reason, from the deadline indicated in the second paragraph of article L. 441-6. “;
6o The II and III become respectively the III and IV;
7o A II written as follows:
II. – Are void the clauses or contracts providing for a producer, a trader, an industrialist or a craftsman, the possibility:
“a) To retroactively benefit from discounts, rebates or commercial cooperation agreements;
“B) Obtain the payment of a right of
“C) To prohibit the co-contracting party from assigning to third parties the claims it holds against it.
“The cancellation of the clauses relating to the settlement entails the application of the period indicated in the second paragraph of article L. 441-6, unless the court seised can note an agreement on different conditions which are fair. “;
8o III is worded as follows:
“III. – The action is brought before the competent civil or commercial court by any person proving an interest, by the public prosecutor, by the minister responsible for the economy or by the president of the Competition Council when the latter notes, at the occasion of the matters which come under its jurisdiction, a practice mentioned in this article.
“During this action, the Minister responsible for the economy and the public prosecutor may ask the court seised to order the cessation of the practices mentioned in this article. They can also, for all these practices, declare the nullity of illegal clauses or contracts, request the recovery of the undue payment and the pronouncement of a civil fine the amount of which cannot exceed 2 million euros. Compensation for damage suffered can also be requested. “;
9o The IV reads as follows:
“IV. – The summary judge may order the cessation of discriminatory or abusive practices or any other provisional measure. “

Article 57

In 2o of Article L. 214-1 of the Consumer Code, after the words: “with regard to:”, the words: “the mode of production,” are inserted.

Article 58

Before Chapter I of Title IV of Book VI of the Rural Code, an Article L. 640-3 is inserted as follows:
“Art. L. 640-3. – A decree defines the reasoned production methods in agriculture and specifies the methods of qualification of farms and of applicable control, as well as the conditions of approval of the bodies responsible for implementation. It also determines the conditions of use of the qualifier of “reasoned agriculture” or any other equivalent denomination. “

Article 59

  1. – In Chapter II of Title I of Book I of the Consumer Code, two articles L. 112-4 and L. 112-5 are inserted as follows:
    “Art.L. 112-4.- The conditions of simultaneous use, for the labeling of a foodstuff or of a non-food and unprocessed agricultural product, with the exception of wines, spirit drinks and intermediate products, of a trade mark and of an identification sign, within the meaning of article L. 640-2 of the rural code, are specified by decree of the Council of State.
    “Art. L. 112-5. – The investigation and observation of infringements of the provisions of this chapter are carried out under the conditions provided for in article L. 215-3 by the agents mentioned in article L. 215-1. ”
    II. – An article L. 641-1-2 is inserted in the rural code as follows:
    “Art. L. 641-1-2. – The conditions of simultaneous use, for the labeling of a foodstuff or of a non-food and unprocessed agricultural product, with the exception of wines, spirit drinks and intermediate products, of a trade mark and of a sign of identification of the quality or of the origin, are fixed by Article L. 112-4 of the Consumer Code reproduced below:
    “Art. L. 112-4. – The conditions of simultaneous use, for the labeling of a foodstuff or of a non-food and unprocessed agricultural product, with the exception of wines, spirit drinks and intermediate products, of a trade mark and of an identification sign, within the meaning of article L. 640-2 of the rural code, are specified by decree of the Council of State. “

Article 60

The labeling of a product benefiting from a controlled label of dairy origin must include the name of the manufacturer and / or refiner of the product benefiting from the controlled label of origin as well as the address, at the ‘within the geographical area of ​​the appellation concerned, of the manufacturing and / or refining site.

Article 61

The first paragraph of Article L. 112-2 of the Consumer Code is supplemented by the words: “, spirit drinks and intermediate products”.

Article 62

In the Consumer Code, an article L. 112-6 is inserted as follows:
“Art. L. 112-6. – The labeling of a product sold under private label must mention the name and address of the manufacturer if the latter so requests.
“A product sold under a private label is considered to be a product whose characteristics have been defined by the company or group of companies which ensures its retail sale and which is the owner of the brand under which it is sold. “

Article 63

In the Consumer Code, an article L. 112-7 is inserted as follows:
“Art. L. 112-7. – The names “pure cocoa butter chocolate” and “traditional chocolate” and all other equivalent names are reserved for chocolates made from only the fats obtained from cocoa beans, without the addition of vegetable fat. “

Article 64

  1. – The first paragraph of Article L. 124-1 of the Commercial Code reads as follows:
    “The purpose of cooperative societies of retail traders is to improve, through the common effort of their partners, the conditions under which they these carry out their commercial activity.To this end, they may in particular exercise directly or indirectly on behalf of their partners the following activities: ”.
    “II.- 6o of the same article reads as follows:
    “6o Define and implement by all means a common commercial policy suitable for ensuring the development and activity of its associates, and in particular:
    ” – by making signs available or trademarks which they own or use;
    “- by carrying out advertising or non-advertising commercial operations that may include common prices;
    “- by developing common methods and models of purchasing, product assortment and presentation, architecture and organization of shops; “.
    III. – The same article is supplemented by a 7o worded as follows:
    “7o Take holdings, even majority interests, in directly or indirectly associated companies operating business assets. “

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