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. 121-1 (former Article L. 120-1) of the Consumer Code does not define the concepts of commercial practice, professional diligence or material distortion of the economic behavior of the consumer. It only states that unfair commercial practices are the misleading commercial practices defined in Articles L. 121-2 to L. 121-4 and the aggressive commercial practices defined in Articles L. 121 …

Concept of unfair commercial practice

Article L. 121-1 (former Article L. 120-1) of the Consumer Code does not define the concepts of commercial practice, professional diligence or material distortion of the economic behavior of the consumer. It only states that unfair commercial practices are the misleading commercial practices defined in Articles L. 121-2 to L. 121-4 and the aggressive commercial practices defined in Articles L. 121-6 and L. 121-7. After receiving a request for a priority preliminary ruling on the issue of constitutionality based on the vagueness of the text, the Court of Appeal of Versailles considered that the concepts in question were sufficiently clear and precise to enable the civil court to rule without risk of arbitrary power . The solutions adopted by the courts, most often inspired by Union law, in effect make it possible to remedy, although only partially, the gaps in Article L. 121-1.

The concept of commercial practice is rarely challenged in court. The Court of Cassation had the opportunity to specify that the tied sale of a computer and its operating software, consisting of two intrinsically distinct elements, was indeed a “commercial practice” within the meaning of Directive No 2005/29. The fact that the device is more specifically intended for SME customers and independent professionals is not relevant, as it is sold in a retail space open to the general public .  Similarly, according to the Court of Cassation, the fact that a transferee company seeks to have upheld the order for payment obtained by the original creditor in order to pursue recovery of the assigned debt, even if it was acquired at a low price, does not constitute an unfair commercial practice . In addition, the concept of commercial practice applies to any measure taken in connection not only with the conclusion of a contract but also with its performance, in particular with a view to obtaining payment of the proceeds by debt collection agencies .

CA Versailles, 30 January 2014, LawLex201400000211JBJ.

Cass. 1re civ., 5 February 2014, LawLex201400000181JBJ.

Cass. 1re civ., 15 May 2024, LawLex202400003721JBJ.

Cass. crim., 19 March 2019, LawLex201900000355JBJ.

French Consumer Law

121. Concept of unfair commercial practice

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121. Concept of unfair commercial practice

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise