The case originated from an inspection carried out by the notarial profession’s supervisory body of a notairial office in the Val de Loire region. Inspectors identified several “suspicious operations” and recommended reinforced oversight.
Following a criminal investigation initiated at the request of the public prosecutor, investigators discovered repeated and unjustified use of discretionary fees (honoraires libres) — charges that are permitted only for services not already covered by the regulated notarial fees.
Although notaires are entitled in specific, limited circumstances to charge discretionary fees, most of their work is remunerated through government regulated fees known as émoluments.
In the case, the notaire had charged clients extra fees for services already included within the fixed or proportional fees attached to notarial acts, in violation of tariff rules. Because he was acting in the context of a public service mission, the acts were prosecuted as aggravated fraud.
Before the courts the notaire argued that the boundary between émoluments and honoraires libres was difficult to draw, and that the regulatory framework — often considered complex — did not permit a clear anticipation of criminal liability. As a result, he argued that any irregularities were errors rather than intentional misconduct.
The Supreme Court firmly rejected these arguments. According to the Court, the applicable rules were sufficiently clear for an experienced professional.
Furthermore, the court noted that the notaire had repeatedly been warned by his professional body about his billing practices.
The judges highlighted a systematic use of unjustified discretionary fees, with nearly identical fees charged across different files.
According to the Court, this repetition — combined with the notary’s knowledge of the legal framework — demonstrated an “abuse of function” aimed at deceiving clients.
The notaire received an sentence of 18 months’ suspended imprisonment, a €30,000 fine, and a five-year professional ban.
Related Reading:
