The Canal + group has been sentenced to a fine ranging from 3 to 5 million euros by the court of Nanterre (Hauts-de-Seine) for the "forced sale" of a new offer targeting more than 400,000 subscribers, announced this Thursday the parquet floor of Nanterre.
This decision, previously negotiated with the prosecution as part of a procedure of "appearance on prior recognition of guilt", was validated Wednesday by the court of Nanterre. This procedure makes it possible to accept a criminal conviction while avoiding a trial. The facts date back to December 2017.
A “proportionate” fine
At the time, the Canal + group had informed its subscribers who did not benefit from the CanalSat subscription that they could have this new offer for the payment of two or five euros. In the process, he informed his subscribers that they had to come forward to refuse the offer. For the court, "this commercial practice of placing customers in the obligation to refuse an offer so as not to have to pay the amount corresponding to it, constitutes the offense of sale without prior order, which the company Canal + has recognized ”.
This offense, more commonly called forced sale, prohibits any professional from demanding immediate or deferred payment for goods or services, without these having been the subject of a prior order from the consumer, details the prosecution. The fine was calculated "proportionately" to the benefits that the group drew from this crime, according to the prosecution, which said that the investigation involved a total of 430,000 offers.
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