Le Conseil constitutionnel a été saisi d'une question prioritaire de constitutionnalité (QPC) concernant les pénalités logistiques qu'a infligées E.Leclerc à des fournisseurs agro-industriels, et qui lui ont valu une injonction des autorités en 2022, selon des communiqués vendredi soir.
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NewsTranscript
00:00 The Constitutional Council was seized of a priority question of constitutionality (QPC)
00:05 concerning the logistical penalties that Leclerc inflicted on agricultural and industrial suppliers
00:09 and which earned him an injunction of the authorities in 2022, according to the communiqués on Friday evening.
00:15 At the end of 2022, Leclerc was targeted by an injunction under constraint emanating from the regional and interdepartmental direction of the economy,
00:22 of employment, work and solidarity, DREIT, Dîle de France, imposing on him to modify the clauses of the contracts passed with his suppliers regarding the logistical penalties,
00:32 indicates the Council of State in a decision made on 9 February.
00:36 The highest administrative jurisdiction specifies that the leader of the large food distribution in France raised a priority question of constitutionality,
00:44 estimating that the decision of the administration misread in particular the principle of equality of crimes and penalties.
00:50 The Council of State has considered that the law texts do not define the maximum margin of error sufficient more than the distributor is obliged to grant to his supplier in the contracts concluded with him before inflicting a logistical penalty on him.
01:02 This point raises a question that presents a serious character but there is therefore no place to refer to the Constitutional Council the priority question of constitutionality invoked, decided the Council of State.
01:13 The Constitutional Council confirmed Friday evening to have been seized of this question.
01:18 Logistical penalties are provided in the contracts that supermarkets sign with their suppliers.
01:23 In the context of commercial negotiations, the two parties agree on the purchase price of a product, but also on its delivery modes.
01:31 If the contract is not respected, penalties can be applied.
01:35 But the government, relying in particular on the work of the Repression of Fraud, DGCCRF, has estimated that some distributors overlook these penalties to recover financial health on the supplier's dose.
01:47 At the end of September 2022, he had called for a moratorium on logistical penalties, a call that had nothing to do with constraints.
01:54 At this time, the authorities had indicated that four years of food distribution, whose identity had not been made public, had to comply with the regulations, under penalty of financial restrictions of several million euros.