Involved in an investigation conducted by the French National Financial Prosecutor’s Office (Parquet national financier or “PNF”) for alleged acts of bribery of a foreign public official for nearly three years, KLUBB France
SAS, a member of the KLUBB Group – Europe’s leading manufacturer of aerial work platforms – signed a Convention judiciaire d’intérêt public[1] (“CJIP”) on 10 February 2025.[2] This agreement was approved by the President of the Paris Judicial Court on 11 February 2025.[3]
In exchange for the discontinuation of public prosecution, the company agreed to pay a public interest fine in the total amount of €558,024 and agreed to conduct a three-years compliance program under the supervision of the French Anti-Corruption Agency (“AFA”).
Beyond the penalties imposed, it is worth noting that the CJIP was concluded even though the identity of the corrupting agent remained uncertain, as their identity was unknown and their status as a “public official” was merely considered probable.
Furthermore, this CJIP is notable for taking into account the situation of the entire KLUBB Group when determining the obligations of KLUBB France SAS, the sole signatory of the CJIP .
The CJIP was concluded in the absence of identification of the foreign public official
The matter came to light during a legal investigation opened in Rennes, France, during which the head of the KLUBB Group disclosed information potentially constituting acts of bribery of a foreign public official.[4]
He reported that bank transfers had been made to three third-party companies in exchange for cash deliveries, amounting to a total of €607,450.[5] According to his statements, these funds were subsequently used by KLUBB France SAS to secure a contract signed in 2018 by the Algerian government for the supply of 280 ambulances valued at €27 million.[6] The entire cash amount, which allegedly passed through a Pakistani contact, was reportedly handed over to an intermediary who appeared to be “a high-ranking official, likely a military officer with ties to the upper echelons of the Algerian state.” [7] On February 21, 2022, following these revelations, the Rennes public prosecutor referred the case to the PNF, which opened a preliminary investigation into suspected acts of bribery of a foreign public official.[8]
During a hearing held on 18 December 2023, the representative of KLUBB France SAS acknowledged all the facts previously disclosed by the head of the KLUBB Group.[9]
However, the investigation failed to establish the identity of the foreign intermediary, the Pakistani contact, or any third party potentially involved. Neither the group’s executive nor the subsidiary’s representatives were able to formally identify them or provide further information that could assist with their identification. As a result, it was assumed that the public official in question was probably a high-ranking military officer, although no conclusive information could be obtained.[10]
The PNF nevertheless considered that the facts acknowledged by the representative KLUBB France SAS could be qualified as bribery of a foreign public official under article 435-3 of the French Criminal Code, even though the agent in concerned could not be formally identified.[11]
The factors used to determine the amount of the public interest fine, as well as the obligation to implement a compliance program, were assessed at the KLUBB Group level
The combination of articles 121-1[12] and 121-2[13] of the French Criminal Code provides that a legal entity is only liable for its own actions. Furthermore, article 41-1-2 of the French Code of Criminal Procedure provides that the amount of the fine payable by a legal entity is based on its average annual turnover, up to a maximum limit of 30%.[14] However, in its guidelines, the PNF stated that in the case of a group with consolidated accounts, it is the consolidated turnover that should be taken into account.[15]
This is exactly what was done in the present case, as the CJIP concluded between the PNF and KLUBB France SAS took into account the entire KLUBB Group when assessing sanctions, in particular to determine the amount of the public interest fine.
It should be noted that this method of calculating the amount of the fine has previously been applied by the PNF, notably for the conclusion of a CJIP with AIRBUS.[16]
Furthermore, it is specified that the punitive component of the fine was determined based on aggravating factors, such as the issuance of false invoices and the involvement of a high-ranking foreign public official, as well as mitigating factors, including the acknowledgment of the facts and the active cooperation of the Group’s executive.[17]
KLUBB France SAS has therefore agreed to pay a public interest fine in the total amount of €558,024.[18]
Finally, the CJIP includes the implementation of a compliance program under the supervision of the French Anti-Corruption Agency, at the expense of the legal entity concerned, the total cost of which may not exceed €200,000, for a period of three years[19]. In this regard, the CJIP, relaying the AFA’s recommendations, specifies that this compliance program applies the entire KLUBB Group, despite KLUBB France SAS being the sole signatory to the agreement.[20]
