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

Before the Hamon Law of 17 March 2014 , former Article L. 122-8 of the Consumer Code only provided for criminal sanctions in case of violation of its provisions. Nevertheless, the concept of abuse referred to in the text, applied to a contractual situation, was reminiscent of the fraud of the Civil Code, now  defined by Article 1137 as “the fact for a contractor to obtain the consent of the other  …

Civil sanctions

Before the Hamon Law of 17 March 2014 , former Article L. 122-8 of the Consumer Code only provided for criminal sanctions in case of violation of its provisions. Nevertheless, the concept of abuse referred to in the text, applied to a contractual situation, was reminiscent of the fraud of the Civil Code, now  defined by Article 1137 as “the fact for a contractor to obtain the consent of the other by maneuvers or lies. Fraud is also constituted by the intentional concealment by one of the contractors of information it knows to be decisive for the other party”.

The courts naturally assimilated the abuse of weakness to fraud, and sanctioned it by the nullity of contracts , when the limitation period had not expired . Indeed, in certain cases, cancellation of the commitments made compensates the damage suffered by the victims more effectively than the imposition of a fine or imprisonment, returning them to the financial position they were in before the commission of the offense. The Hamon Law enshrined this case law: it added a final paragraph to Article L. 122-8 expressly providing that “when a contract is concluded as a result of an abuse of weakness, it is null and void”. Since re-codification Ordinance No 2016-301 of 14 March 2016, this paragraph is the subject of Article L. 132-13.

Moreover, before the criminal courts, in the framework of the civil action, the judges may award damages to the victims . The amount of compensation depends on the injury suffered by the victim and corresponds in principle to the loss of assets resulting from the commitment made or to the benefit derived from the offense . Non-pecuniary damage may also be compensated, where appropriate . According to the criminal chamber of the Court of Cassation, the award of damages corresponding to the totality of the sums paid for the purchase of property which the victims retain the use of and the restitution of which has not been requested, does not violate the full reparation principle .

 Law No 2014-344 of 17 March 2014 on consumer affairs, OJ 18 March 2014, 5400.  

 Version resulting from the Ordinance reforming contract law of 10 February 2016. 

 CA Colmar, 16 April 2012, LawLex201500001416JBJ. See also CA Amiens, 13 November 2015, LawLex201500001487JBJ, basing the nullity on the violation of the public order of protection.

 CA Rennes, 25 March 2016, LawLex201600000725JBJ, dismissing an action exercised more than five years after the conclusion of the contract at issue.

 CA Caen, 3 July 2009, LawLex201200001264JBJ

 CA Bourges, 25 February 2010, LawLex201500001431JBJ.

 CA Angers, 6 November 2007, LawLex201200001228JBJ.

Cass.crim.,19 November 2019,LawLex201900001421JBJ.

French Consumer Law

213. Civil sanctions

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

213. Civil sanctions

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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