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 classificiation as an advertising lottery assumed the meeting of four cumulative substantive conditions: the expectation of a gain, an advertising nature, the intervention of chance, and a financial participation. Article L. 121-20 (former Article L. 121-36) of the Consumer Code, in its current version, retained the first three. Indeed, the text prohibits “when they are unfair within the meani …

Classification as advertising lottery

The classificiation as an advertising lottery assumed the meeting of four cumulative substantive conditions: the expectation of a gain, an advertising nature, the intervention of chance, and a financial participation. Article L. 121-20 (former Article L. 121-36) of the Consumer Code, in its current version, retained the first three. Indeed, the text prohibits “when they are unfair within the meaning of Article L. 121-1, [...] the commercial practices implemented by professionals vis-à-vis consumers, in the form of promotional operations involving the award of a prize or benefit of any kind by means of a prize draw, whatever the terms, or by the intervention of a random element”.

An advertising lottery is characterized by the fact that it tends to give rise to the expectation of a prize. Despite the reluctance of some trial courts , Article L. 121-20 applies, according to the Court of Cassation, even to lotteries in which a single prize is awarded . This interpretation encompasses both the case where the recipient is considered to be the winner and the one in which the advertising documents merely give rise to the hope of a prize . In fact, the aim pursued by the lottery organizer - to give rise to hope for the consumer and to induce an act of purchase - does not differ whether one or more prizes are involved.

In addition to a promotional nature, the operation must involve a certain amount of chance, whether by “drawing lots, whatever the terms, or by the intervention of a random element”. The concept of chance was introduced by the Hamon Law, thus extending the scope of Article L. 121-20 to any promotional operation, based in part on chance, but not necessarily by the drawing of lots. A lottery is primarily characterized by the existence of chance. This requirement is consistently emphasized by the Court of Cassation   called upon to take a decision in the context of the numerous quasi-contractual liability actions implemented by the recipients of advertising lotteries in order to be awarded the promised prize: the organizer of an advertising game that announces a prize to a named person without first highlighting the existence of the element of chance, is obliged by this purely voluntary act, to deliver it.

 See CA Rouen, 3 April 1996, LawLex200300002171JBJ: the regulations on lotteries are not applicable when a single winner is likely to be designated.

 See Cass. crim., 30 January 1995, LawLex200300002438JBJ: the regulations on advertising lotteries are not limited to lotteries in which each participant wins a prize; 1 October 1997, LawLex200300002661JBJ, overturning CA Rouen, 3 April 1996, LawLex200300002171JBJ,cited above.

 This is the case, for example, when the award of the prize is subject to a post-draw.

 Cass. ch. mixte, 6 February 2002, LawLex200300002549JBJ; Cass. 1re civ., 18 March 2003, LawLex200300001199JBJ; 29 September 2004, LawLex200500005606JBJ; 10 May 2005, LawLex201300000324JBJ; 13 June 2006, LawLex200600002091JBJ; 14 January 2010, LawLex201300000327JBJ; 6 February 2013, LawLex201300000167JBJ; 10 July 2013, LawLex201400001259JBJ; 19 March 2015, LawLex201500000387JBJ.

French Consumer Law

249. Classification as advertising lottery

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Les décisions de justice citées dans ce paragraphe :

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Les notions juridiques connexes

249. Classification as advertising lottery

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Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise