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

Unlawful tied sales are criminally punishable as such under Article R. 132-2 of the Consumer Code and under misleading commercial practices (Article L. 132-2, former Article L. 121-6) or aggressive commercial practices (Article L. 132-11, former Article L. 122-12). The offense of tied sales or services constitutes a 5th category infringement (Article R. 132-2, Consumer Code) . The fine incurred is …

 Criminal and civil sanctions

Unlawful tied sales are criminally punishable as such under Article R. 132-2 of the Consumer Code and under misleading commercial practices (Article L. 132-2, former Article L. 121-6) or aggressive commercial practices (Article L. 132-11, former Article L. 122-12). The offense of tied sales or services constitutes a 5th category infringement (Article R. 132-2, Consumer Code) . The fine incurred is EUR 1,500 per offense . It is doubled in the case of recidivism (Articles 131-11 and 132-15, Criminal Code).

Tied sales are an integral part of restrictive practices (Article L. 442-1 of the Consumer Code). Under Article L. 470-1 of the Commercial Code, the courts may “jointly order legal entities to pay fines imposed on their officers”. Article 131-38 of the Penal Code provides that “the maximum rate of the fine applicable to legal entities is equal to five times the amount provided for natural persons by the law which punishes the offense”, i.e. EUR 7,500, doubled in case of recidivism.

Independently of the criminal sanctions, perpetrators of breaches of the provisions on tied sales are liable to civil prosecution. Any consumer who is the victim of a tied sale can take action to obtain compensation for the damage caused to him by this offense . The Court of Cassation, however, held that a purchaser of a computer with pre-installed software, who has benefited from the possibility of obtaining reimbursement of the software, even under difficult and unattractive conditions, must be dismissed in his action for damages against the professional seller and distributor of computers, when, despite being an informed customer, he has never expressed the wish to acquire a computer without pre-installed software and that the absence of display of the breakdown of the prices of the computer equipment does not prevent competition between the various solutions available on the market . The same applies to consumer associations authorized by Article L. 621-1 (former Article L. 421-1) of the Consumer Code to exercise the rights recognized to the civil party in respect of acts causing direct or indirect damage to the collective interest of consumers. Since the Hamon Law, authorized associations have also had the possibility of introducing group actions to obtain compensation for damage caused by a professional's failure to comply with its legal or contractual obligations. Finally, competitors adversely affected by a practice of tied sales or services can act on the grounds of unfair competition to seek redress insofar as the failure to comply with Article L. 121-11 (former Article L 122-1) of the Consumer Code necessarily causes a breach of equality between competitors, and may incidentally lead to the appropriation of customers .

 Under Article 37, 1°), c, of Ordinance No 45-1483 of 30 June 1945, tied sales or services constituted an unlawful price practice. The offense was subsequently governed by Article 30 of Ordinance No 86-1243 of December 1, 1986 and it was the Decree of 29 December 1986 implementing that ordinance which reduced it to a minor offense. 

 The rule of non-cumulation of penalties is inapplicable in respect of minor offenses.

 Article 2 of the Code of Criminal Procedure: "A civil action for compensation for damage caused by a crime, a misdemeanor or a minor offense is open to all those who have personally suffered damage directly caused by the offense.

 Cass. 1re civ., 5 June 2008, LawLex201500001205JBJ.

 See, for a similar decision, T. com. Paris, 23 February 2009, LawLex200900000638JBJ, upheld by CA Paris, 31 March 2009, LawLex200900001184JBJ, holding that the incumbent telecom operator, by requiring football fans to purchase an internet subscription from its subsidiary to view the channel Orange Foot, is guilty of an unlawful tied sale and, accordingly, of attracting customers, justifying the order, subject to a penalty payment, of a prohibition measure. However, the Court of Cassation went back on this assessment, considering that in this case, there was no unfair practice of tied selling, as the consumer generally decides in consideration of the services associated with the offer and, accordingly, the differentiation capacities of the various competing offers, see Cass. 1re civ., 13 July 2010, LawLex201000000838JBJ.

French Consumer Law

236. Criminal and civil sanctions

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Les notions juridiques connexes

236. Criminal and civil sanctions

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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