French Consumer Law is a comprehensive and comparative overview of French and EU law in this field, covering: advertising, unfair commercial practices, conditions for the validity of contracts, unfair terms, product conformity, latent defects, product safety.

French Consumer Law

Article L. 421-7 of the Consumer Code (now L. 621-9), as drafted prior to the Macron Law of 6 August 2015 , authorized associations to ask “inter alia” for application of the measures provided for in Article L. 421-2 (now L. 621-2), i.e. for the court to order any measure intended to stop illegal conduct, to remove unlawful terms from contracts or standard agreements offered to consumers, or decla …

Cessation of unlawful activities and compensation for harm

Article L. 421-7 of the Consumer Code (now L. 621-9), as drafted prior to the Macron Law of 6 August 2015 , authorized associations to ask “inter alia” for application of the measures provided for in Article L. 421-2 (now L. 621-2), i.e. for the court to order any measure intended to stop illegal conduct, to remove unlawful terms from contracts or standard agreements offered to consumers, or declare such terms void ab initio. The purpose of such intervention was therefore mainly to ask for an injunction for the cessation of unlawful conduct or the removal of unlawful terms. Such was the case of an intervention seeking to prohibit a telephone operator from applying a billing increment by joining the action of the principal claimant seeking damages for the prejudice resulting from the application of that system .

With the Macron Law, the action available under current Article L. 621-9 becomes primarily an action for compensation for the direct or indirect harm to the collective interest of consumers which can, “where appropriate”, be accompanied by a request for the application of the measures provided for in Article L. 621-2. Nevertheless, pointing to the use of the term “inter alia” ("notamment" in the French), the courts had already extended the scope of application of the text to claims for compensation for injury to the collective interest of consumers . The Court of Cassation had thus considered that the increase in the number of cases relating to internet access malfunctions of an ISP showed the existence of the direct and indirect injury caused to the collective interest of consumers, including a consumer association which had intervened and was entitled to claim compensation . In some cases, the courts even granted associations the faculty to request both compensation for the harm caused to the collective interest of consumers and compensation for the costs of research, staff and publication in relation to the action .

Law 2015-990 of 6 August 2015 for growth, activity and equality of economic opportunities.

TGI Nanterre, 22 May 2002, LawLex200300002556JBJ.

CA Paris, 15 October 2015, LawLex201500001298JBJ.

Cass. 1re civ., 13 November 2008, LawLex201400000266JBJ.

CA Paris, 11 June 2010, LawLex201200001388JBJ; 18 October 2011, LawLex201400000314JBJ.

French Consumer Law

31. Cessation of unlawful activities and compensation for harm

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31. Cessation of unlawful activities and compensation for harm

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise