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 question has arisen as to whether the role of public officials was limited to recording offenses and forwarding their reports to the public prosecutor or whether they could also join court proceedings. The Court of Cassation upheld the first interpretation: it held that during trials, the DGCCRF could only give testimony as a witness with the obligation to take an oath, as provided for in Arti …

Intervention in proceedings

The question has arisen as to whether the role of public officials was limited to recording offenses and forwarding their reports to the public prosecutor or whether they could also join court proceedings. The Court of Cassation upheld the first interpretation: it held that during trials, the DGCCRF could only give testimony as a witness with the obligation to take an oath, as provided for in Article 446 of the Code of Criminal Procedure . It subsequently stated that failure to comply with the latter formality could not result in the invalidity of the proceedings unless it was established that the interests of the defendant had been prejudiced .

The legislator has since intervened to strengthen the powers of the Administration. The Law of 3 January 2008 first amended former Article L. 141-1 of the Consumer Code to extend the application of Articles L. 450-1 to L. 450-4, L. 450-7, L. 450-8, L. 470-1 and L. 470-5 of the Commercial Code to the investigation and reporting of violations of Article L. 121-1. Since Article L. 470-5 allows the Minister for the Economy or his representative to file submissions and to develop them orally at the hearing, as well as to produce the minutes and investigation reports, the Court of Cassation held that a court of appeal could, without infringing Article L. 141-1 of the Consumer Code, hear without oath an inspector from the DGCCRF, representing the Minister for the Economy, and rule in light of the submissions filed by the latter as an intervening party . The Hamon Law of 17 March 2014 then expressly gave the Administration a power of intervention. It removed the reference to Article L. 470-5 in Article L. 141-1 but added a paragraph authorizing the administrative authority in charge of competition and consumer affairs, after notifying the public prosecutor, to ask the civil court to order any measure likely to put an end to the unlawful actions. The authority may, within that context, intervene, file submissions and present them at the hearing and produce minutes and investigation reports. In the criminal courts, it also has the possibility, at the request of the court, to present its observations at hearings. Ordinance No 2016-301 of March 14, 2016 has added the finishing touch by completely dissociating the Administration's powers in consumer affairs from the requirements of the Commercial Code and gives its agents their own powers. Henceforth, the administrative authority's power to ask the civil court to order any measure likely to put an end to breaches of Articles L. 121-2 et seq. after notifying the public prosecutor, can be found  in Article L. 524-2.

Cass. crim., 30 March 1994, LawLex200300003791JBJ.

Cass. crim., 3 January 1996, LawLex200300003900JBJ upholding CA Paris, 4 July1994, LawLex200300001659JBJ: in this case, it was not shown that the court had relied on the statements made by the officials to establish the guilt of the defendant; Cass. crim., 17 September 1997, LawLex200300003469JBJ upholding CA Paris, 30 May 1996, LawLex200300002207JBJ.

Cass. crim., 15 June 2010, LawLex201200001084JBJ.

French Consumer Law

204. Intervention in proceedings

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

204. Intervention in proceedings

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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