CASE COMMENTS: RESTRICTIVES PRACTICES - CIVIL FINE - APPEAL - MINISTRY OF ECONOMIC AND FINANCE
Civil fine - Appeal: The Court of Appeal of Douai rules on the first intervention of the Administration in appeal to get the retailer convicted of a civil fine (Eurauchan/Label Gourmand)
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– CA DOUAI, 2nd ch. sect. 1, 13 October 2005, SAS Eurauchan c/ SARL Label Gourmand, n° 04-1971
If the Minister of the Economy can intervene directly on appeal to request the pronouncement of a civil fine even though he did not participate in the first instance, it is only on the condition that he does not submit a new dispute to the Court. This is essentially what can be learned from the judgment of 13 October 2005 handed down by the Douai Court of Appeal (BRDA 5/06, 15 March 2006, p. 12).
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