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

The buying and selling of advertising space involves various stakeholders. The purchase of space brings together an advertiser, the principal and an advertising agency, its agent. For sales, the advertising medium may use the services of a media sales company for the commercialization of its advertising spaces.
1) Termination of contract between advertiser and agency
By virtue of Articles 2003 and …

Compensation

The buying and selling of advertising space involves various stakeholders. The purchase of space brings together an advertiser, the principal and an advertising agency, its agent. For sales, the advertising medium may use the services of a media sales company for the commercialization of its advertising spaces.

1) Termination of contract between advertiser and agency

By virtue of Articles 2003 and 2004 of the Civil Code, the principal may revoke the mandate at any time. On the basis of those provisions, an advertiser is justified in terminating the mandate when the latter has failed to pass on the totality of the payments made by the principal to the advertising medium .

2) Termination of contract between media sales company and advertising medium

Relations between media sales companies and advertising media are often governed by fixed-term contracts. In principle, the termination is not abusive when a fixed-term contract is terminated at its expiry date . However, where fixed-term media sales contracts have been consistently renewed over time, this succession of contracts may be deemed to constitute an established commercial relationship, the termination of which, under the terms of Article L. 442-1, II (formerly L. 442-6, I, 5°) of the Commercial Code, requires the granting of a reasonable notice period . Likewise, the termination of a media sales contract   when the contract had just been tacitly renewed is deemed as sudden in nature, when the company could not have expected this eventuality due to the constant increase in turnover it had achieved .

On the other hand, negotiations between the parties in the period just prior to the expiry of the contract do not amount to a waiver of the right not to renew on the part of the advertising medium even if they resulted in the offer and the acceptance of a modified price scale . 

Finally, the fact that the advertising medium withdraws from the contract to avoid its tacit renewal does not constitute a practice which is sanctioned on the basis of Article L. 420-2 of the Commercial Code .

CA Aix-en-Provence, 7 December 2011, LawLex201200000844JBJ.

CA Versailles, 15 May 2008, LawLex201200000855JBJ.

CA Paris, 9 June 2011, LawLex201100001268JBJ.

CA Paris, 29 September 2011, LawLex201200000790JBJ.

CA Versailles, 15 May 2008, LawLex201200000855JBJ and after referral by Court of Cassation, CA Versailles, 16 September 2010, LawLex201200000879JBJ.

CA Versailles, 16 September 2010, LawLex201200000879JBJ, cited above.

French Consumer Law

55. Compensation

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

55. Compensation

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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