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France (FR) · Module Detail

France: Legal & Litigation

French payments litigation/enforcement centres on (i) ACPR Sanctions Committee disciplinary proceedings (historically AML/CFT-led, against banks such as Société Générale, BNP Paribas, La Banque Postale) appealable to the Conseil d'État; (ii) Cour de cassation case law on fraud reimbursement, increasingly protective of payers and introducing an 'intention to pay' concept in spoofing/APP scenarios. The ACPR confirmed (March 2025) that administrative financial penalties are uninsurable under French public-order principles. ACPR/AML civil fines reach EUR 100m or 10% of turnover.

Standing sub-brief · as of 26 June 2026158 words · last cycle 2026-10-05

Legal & Litigation

The ACPR's disciplinary powers are split between the College (prosecution) and the Sanctions Committee (a judicial body chaired by a Conseil d'État member), with rulings appealable before the Conseil d'État. Landmark actions include Société Générale (2017), BNP Paribas (2017) and La Banque Postale (2017), predominantly on AML/CFT grounds. This enforcement architecture and appeal route define the legal-risk exposure for supervised French payment entities.

Periodic update · new data 2026-09-28

Legal & Litigation

The Conseil d'Etat issued a decision on 15 July 2026 (n°509579, Cloudflare) examining the proportionality of technical-blocking measures imposed against online services. While the underlying dispute did not arise in the payments context, the ruling establishes a proportionality-assessment framework that may carry analogical relevance to future disputes over platform- or payment-blocking obligations imposed on payment-adjacent services operating in France.

The potential relevance to payments arises because technical-blocking measures, of the kind examined in the Cloudflare decision, are structurally similar to blocking or access-restriction obligations that could in principle be imposed on payment-adjacent platforms operating without proper authorisation in France. A future dispute testing the proportionality of such a measure in the payments context could draw on the framework the Conseil d'Etat has now articulated, though no such payments-specific case was identified this cycle.

Outlook

Whether the Cloudflare proportionality framework is subsequently invoked in a payments- or platform-blocking dispute specific to the payments sector is the key development to monitor. No such case has yet emerged in the sources available this cycle.

Sources and findings (4)
  1. T1https://acpr.banque-france.fr/en/nos-missions/sanctioning-non-complianceretrieved
  2. T1https://acpr.banque-france.fr/en/sanctions/jurisprudenceretrieved
  3. T3https://www.hsfkramer.com/notes/fsrandcorpcrime/2026-posts/the-new-eu-payments-rulebook-psd3-psrretrieved
  4. T3https://www.cliffordchance.com/insights/resources/blogs/talking-tech/en/articles/2025/03/insurance-is-not-a-safety-net-for-administrative-sanctions.htmlretrieved