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FranceLégifrance

Conseil d'État upholds €2.93m fines for late supplier pacts

Interdis concluded 157 conventions with 47 of its suppliers after 1 March 2019; the court rejects its challenge to the fines.

By Taxxa AI OyPublished 21 October 2026

Legal & Corporate

Industry: Wholesale and retail trade; repair of motor vehicles and motorcycles

The Conseil d'État has rejected the appeal by Interdis against finesLegifrance totalling €2,931,000 for signing its annual supplier conventions lateLegifrance. In a decision of its 9th and 10th chambers sitting together on 21 October 2026 (no. 504150), the court upheld the Versailles administrative court of appeal's judgmentLegifrance of 11 March 2025, which had confirmed the fine and the recovery order.

The Ile-de-France regional director for business, competition, consumption, labour and employment imposed 157 separate finesLegifrance on 26 December 2019, one per conventionLegifrance, for 157 conventionsLegifrance concluded with 47 of its suppliers after 1 March 2019, the year of their application. Interdis also challenged the €2,931,000 recovery order issued on 12 March 2020; the Versailles tribunal rejected both claims on 19 January 2023.

Under article L. 441-7Legifrance of the code de commerce as then in forceLegifrance — since recast in articles L. 441-3 et seq. — the written convention records the negotiated obligations: the price scale with the conditions générales de vente, sale terms including price reductions, cooperation services for marketing, and other obligations supporting the relationship. It runs for one, two or three years and must be signed by 1 March of its effective year, or within two months of the marketing season's start for seasonal products.Legifrance Suppliers must send their conditions générales de vente at least three months before 1 March. An unjustified late or non-compliant convention drew up to €75,000 for a natural person and €375,000 for a legal person per breachLegifrance, doubled for a repeat within two years, with concurrent sanctions executed cumulatively.

On procedure, the court found no sign the appeal judges had ignored first-instance documents Interdis had precisely referenced on appeal. On imputability, it held the appeal court had not relied solely on suppliers having sent their sale conditions on time, but had assessed the relationships overall — how negotiations ran and what the resulting conventions contained. The plea based on personal punishment, the presumption of innocence, articles 8 and 9 of the Déclaration des droits de l'homme et du citoyen and article 6 of the Convention européenne de sauvegarde des droits de l'homme et des libertés fondamentales therefore failed.

Proportionality review is limited to outcomes hors de proportion with the breaches. Each fine had been set within the €375,000 per-breach ceilingLegifrance by reference to days of delay and the stipulated chiffre d'affaires prévisionnel, and the cumulative €2,931,000 was not disproportionateLegifrance given repeated breaches in one yearLegifrance covering more than half the conventions checked and €6.7 billion of business. Accords de synthèse reached before 1 March 2019 with the firm Interdis had mandated to negotiate, covering 35 conventions, did not excuse late signature of the conventions themselvesLegifrance.

Distributors should therefore treat the 1 March signature date as hardLegifrance: interim syntheses through an agent do not cure late conventions, and fines are set per conventionLegifrance and cumulateLegifrance.

The ruling applies article L. 441-7 and article L. 470-2, VII of the code de commerce as then in force, now reflected in articles L. 441-3 et seq. and L. 441-6 of the same code.

Diary 1 March as a hard signature deadline for each year's supplier conventions and keep dated signature evidence for every convention, since interim syntheses reached through a negotiating agent do not cure late signing and fines cumulate per convention.

Sources