(1) Whoever, while acting with intent or negligently, infringes consumer interests contrary to section 5c (1) is deemed to have committed a regulatory offence.
(2) Such a regulatory offence may be penalised by imposition of a regulatory fine not exceeding 50,000 euros. A larger fine may be imposed on an entrepreneur who achieves an annual turnover in excess of 1,250,000 euros annual turnover, in the business year preceding the authority’s decision, in the Member States of the European affected by the infringement; the fine may not exceed four per cent of the entrepreneur’s annual turnover. The amount of the annual turnover may be estimated. Where no reference points for estimating the annual turnover exist, the maximum amount of the fine is 2,000,000 euros. In derogation from sentences 2 to 4, the scope of fines under sentence 1 apply to an offender or to a participant acting for an entrepreneur within the meaning of section 9 of the Regulatory Offences Act (Gesetz über Ordnungswidrigkeiten) and to a participant within the meaning of section 14 (1) sentence 2 of the Regulatory Offences Act who is not an entrepreneur. The maximum fine threatened for the regulatory offence within the meaning of section 30 (2) sentence 2 of the Regulatory Offences Act is the maximum applicable under sentences 1 to 4.
(3) Such a regulatory offence can only be prosecuted within the framework of enforcement measures in coordinated actions in accordance with Article 21 of Regulation (EU) 2017/2394.
(4) The administrative authorities within the meaning of section 36 (1) no. 1 of the Regulatory Offences Act are
1. the Federal Office of Justice,
2. the Federal Financial Supervisory Authority in the case of an infringement with reference to the activity of an entrepreneur within the meaning of section 2 no. 2 of the Act Implementing Regulation (EU) 2017/2394 (EU-Verbraucherschutzdurchführungsgesetz) and
3. the authority competent under Land legislation in the case of an infringement referring to the activity of an entrepreneur within the meaning of section 2 no. 4 of the Act Implementing Regulation (EU) 2017/2394.