Collo vs McDo

Institutions

The National Financial Prosecutor's Office

A specialised prosecutor's office with national jurisdiction, born of the Cahuzac affair. It negotiated McDonald's France's tax settlement in 2022.

In brief

  • Created by the laws of 6 December 2013 on combating tax fraud and serious economic and financial crime; began operating on 1st February 2014.
  • A prosecutor's office with nationwide jurisdiction, attached to the Paris judicial court, headed by the national financial prosecutor.
  • Jurisdiction: offences against probity (corruption, influence peddling, favouritism, misappropriation of public funds), complex or aggravated tax fraud and its laundering, market offences (insider dealing, price manipulation) — where the cases are “highly complex” (Art. 705 CPP).
  • Concurrent, non-exclusive jurisdiction: local prosecutors' offices remain competent.
  • It is the body that negotiates and signs judicial public interest agreements in matters of probity and tax fraud.

The PNF was created in the political urgency of the Cahuzac affair, with a simple idea: financial crime by large companies requires specialised magistrates, technical assistants — tax specialists, accountants, financial analysts — and a nationwide jurisdiction free from territorial boundaries.

Its most visible tool is the CJIP. In 2022, it concluded an agreement with McDonald's France settling a dispute concerning transfer pricing: the fees paid by French restaurants to a Luxembourg entity of the group. Public interest fine: €508.5 million, plus €737 million in tax and penalties paid to the DGFiP.

Sources

External sources.

  1. Code of Criminal Procedure, Article 705-1 — Légifrance
  2. Judicial public interest agreements — Ministry of Justice

Where this comes up in the case file

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