Penalties for non-compliant measuring instruments

By Yasmine EDDAM30 April 2025

The compliance of measuring instruments with legal requirements is a major issue for companies and professionals. Beyond the technical aspect, this question has significant legal and economic implications. The legislator, aware of the importance of guaranteeing the accuracy of measurements for the fairness of commercial transactions and the protection of consumers, has put in place a substantial repressive arsenal. Penalties for non-compliance can be administrative, criminal or civil, and they can be combined. Understanding this framework of penalties is essential for any professional who uses measuring instruments in their business.

Legal framework for sanctions

Applicable legislation (Criminal Code, Consumer Code)

The system of penalties for measuring instruments is based on several complementary texts, forming a coherent legal network.

Firstly, Article 43 of Decree No. 2001-387 of 3 May 2001 on the inspection of measuring instruments provides for penalties for a number of breaches, including the use of instruments in conditions of use other than those established by decree or by type examination certificate.

Decree no. 61-501 of 3 May 1961 on units of measurement, although old, remains a major source of penalties, particularly with regard to the units of measurement used, as discussed in our article on the regulation of units of measurement in France.

The French Criminal Code also contributes to the repressive arsenal, in particular through article R. 643-2, which punishes the use of weights or measures other than those established by laws and regulations.

Lastly, the Consumer Code contains particularly stringent provisions, with articles L. 213-1 et seq. making it an offence to mislead consumers as to the quantity of goods delivered, and increasing the penalties where such deception is committed using false or inaccurate measuring instruments.

This body of law provides protection at several levels, from formal infringements to proven fraud, thus guaranteeing the reliability of the measurements used in commercial transactions.

Authorities responsible for recording offences

A number of authorities are empowered to detect breaches of the regulations on measuring instruments.

On the front line are the agents of the DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes). With extensive powers of investigation, they can enter business premises, take samples, consult documents and draw up reports that are valid until proven otherwise.

Officers from the DIRECCTE (Directions régionales des entreprises, de la concurrence, de la consommation, du travail et de l'emploi - regional directorates for business, competition, consumer affairs, labour and employment) are also involved, particularly those from the competition, consumer affairs, fraud control and metrology divisions. In particular, they are involved in the periodic inspection of instruments.

Customs can also detect certain offences, such as the import of non-compliant measuring instruments.

These officers have extensive powers. Article 42-1 of the decree of 3 May 2001 specifies that they may operate on the public highway, enter premises used for business purposes between 8am and 8pm, and inspect the loads of business vehicles and the conditions in which they are kept. They are also authorised to take samples of measuring instruments for verification.

Coordination between these different authorities ensures effective territorial coverage and ongoing surveillance of the measuring instruments market, as explained in the analysis of the procedures for checking measuring instruments.

Administrative offences and penalties

Non-compliance with legal units

Infringements relating to non-compliance with legal units are the first category of offences to be punished. Article 14 of the Decree of 3 May 1961 imposes a third-class fine of up to 450 euros for a number of offences:

Failure to comply with the rules on decimal division of units (article 5)
The use of non-regulated names or symbols to designate units, their multiples or sub-multiples (article 6)
The use of units other than legal units for the measurement of quantities in the fields of economics, health, public safety or administrative operations (article 8)

This category of offences is designed to ensure the uniformity of the measurement system used throughout the country. In practice, a retailer who indicates the weight of products in pounds rather than kilograms (without any additional indication in legal units) could be subject to this fine.

Case law provides some interesting clarifications. In a ruling dated 21 November 1983, the Court of Cassation ruled that a method of evaluating surface area that includes various elements (such as the thickness of walls) does not infringe the legal metric system, provided that this surface area is expressed in square metres, which constitute the legal unit.

Penalties related to metrological control

Infringements relating to the metrological control of instruments form a second category. Article 43 of the decree of 3 May 2001 punishes a number of offences with a third-class fine:

Using instruments in conditions other than those specified
Affixing a type examination mark to an instrument that does not conform to the corresponding type
Commissioning an instrument without checking the installation where this is mandatory
Failure to make a declaration of installation
The affixing by an installer or repairer of his mark without having ensured that the instrument meets the regulatory requirements.

The third-class offence may be supplemented by the additional penalty of confiscation of the non-compliant instrument (article 44).

These provisions are designed to ensure that instruments placed on the market and used comply with legal requirements throughout their life cycle, from manufacture through installation and repair to end use.

Criminal offences and penalties

Offences under the Criminal Code

In addition to specific metrology offences, the Criminal Code provides for general penalties for the use of non-compliant weights and measures.

Article R. 643-2 of the French Criminal Code states that "the use of weights or measures other than those established by laws and regulations" is punishable by a third-class fine. Offenders are also liable to the additional penalty of confiscation.

Legal entities may be held criminally liable for this offence. In this case, the maximum fine is five times the fine for natural persons, i.e. €2,250.

Case law illustrates the application of this provision. In a ruling dated 26 October 1961, the Court of Cassation condemned the director of a company installing a petrol dispenser who had put the machine into service without requesting the statutory checks, even though the machine was dispensing less than the quantity shown on the meter.

Offence of deception and aggravated penalties

The most severe penalties are laid down in the Consumer Code when the use of non-compliant instruments is accompanied by actual deception.

Article L. 213-1 of the French Consumer Code punishes deception regarding the quantity of goods delivered with two years' imprisonment and a fine of €37,500 (or one of these two penalties only).

These penalties are doubled, under article L. 213-2, when the deception is committed using false or inaccurate weights, measures or other instruments, or using manoeuvres designed to distort the analysis, dosing, weighing or measuring operations.

For example, a retailer who knowingly uses a faulty scale to sell products by weight could face up to four years' imprisonment and a €75,000 fine.

The Court of Cassation applied these provisions in a ruling dated 16 March 1982, condemning the CEO of a supermarket whose petrol pumps had been emptied or were dispensing the wrong amount of fuel.

For legal entities, these fines can be multiplied by five, reaching considerable amounts.

Civil and commercial consequences

Actions for damages

In addition to criminal and administrative penalties, the use of non-compliant measuring instruments can result in civil liability for the user.

Victims of inaccurate measurements may bring a civil liability action under article 1240 of the Civil Code to obtain compensation for the loss suffered. This loss may consist of the difference between the quantity paid for and that actually received, but also of other consequential losses.

In a ruling dated 13 May 1893, the Court of Cassation confirmed that a purchaser who had been misled by the use of non-regulated equipment could bring a civil action for compensation.

These actions may be individual or collective. Since the introduction of group action in French law, consumers injured by the same professional could theoretically join together to obtain compensation for damage resulting from the use of defective measuring instruments.

Impact on commercial contracts

The use of non-compliant measuring instruments can also have consequences for the validity and performance of commercial contracts.

A contract whose subject matter is determined by reference to an erroneous measurement may be annulled on the grounds of mistake as to substance (article 1132 of the Civil Code) or be the subject of an action under the latent defects guarantee if the defect was not apparent.

In relations between professionals, the non-conformity of measuring instruments may constitute a breach of the obligation to deliver in conformity and justify the application of contractual liability.

More generally, the use of non-compliant instruments can damage the relationship of trust between commercial partners and have economic consequences that go well beyond the strict legal framework.

Specific consequences may also apply depending on the category of instrument involved, as detailed in our article on specific regulations for measuring instruments by category.

Defence strategies and practical advice

Risk prevention

The first strategy in the face of potential sanctions is preventive. Several measures can be recommended to professionals:

Setting up a regulatory monitoring system The applicable standards change regularly, particularly under the influence of European law. Careful monitoring of these developments is essential.
Prior verification of compliance Before purchasing any measuring instruments, make sure they have the necessary certifications and comply with legal requirements.
Scrupulous compliance with control obligations : Subject instruments to mandatory periodic inspections and keep the corresponding records.
Staff training Raising employee awareness of legal obligations and good practice in the use of instruments.
Regular internal audit : Carry out internal compliance checks in addition to the mandatory verifications.

These preventive measures not only make it possible to avoid penalties, but also to improve the quality of service and customer confidence, as explained by our general presentation of legal metrology law.

Defence in the event of prosecution

In the event of prosecution, there are several defence strategies that can be considered:

Contesting the material elements of the offence The instrument is not being used effectively, there is a one-off measurement error which is not representative, etc.
No intentional element For criminal offences such as deception, demonstrate the absence of fraudulent intent.
Challenging control procedures Irregularities in verification operations, failure to respect the rights of the defence, etc.
Invincible error Demonstrate that the professional has taken all reasonable precautions to ensure the conformity of his instruments.
Negotiations with the authorities : In some cases, it is possible to negotiate a regularisation, particularly for administrative offences.

As each situation is unique, an in-depth legal analysis is required to determine the most appropriate strategy. Our team oflawyers specialising in legal metrology can support you in this process, whether for prevention or defence.

Faced with sanctions related to your measuring instruments? Our lawyers can help you defend your interests.