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

Authorized consumer associations may, under the same conditions as in the case of violation of Articles L. 322-1 and L. 322-2 of the Internal Security Code, exercise the rights recognized to the civil party in proceedings brought by a consumer against the organizer of an unlawful advertising lottery, in accordance with Article L. 621-1 (former Article L. 421-1) of the Consumer Code .
Their action  …

Action by consumer associations

Authorized consumer associations may, under the same conditions as in the case of violation of Articles L. 322-1 and L. 322-2 of the Internal Security Code, exercise the rights recognized to the civil party in proceedings brought by a consumer against the organizer of an unlawful advertising lottery, in accordance with Article L. 621-1 (former Article L. 421-1) of the Consumer Code .

Their action is subject to the existence of a criminal offense, established and punished. According to the Court of Cassation, the violation of Article L. 121-20 (former Article L. 121-36) of the Consumer Code necessarily harms the collective interest of consumers, to the extent that these provisions are intended to protect the public . However, a consumer association is not entitled to take action against the organizer of an illegal lottery when, in the absence of fraudulent maneuvers, the losing player suffers no injury .

Since the adoption of the Hamon Law of 17 March 2014, approved consumer associations can also take legal action to obtain compensation for individual injury suffered by consumers in a similar or identical situation and the common cause of which is the breach by one or more professionals of their legal or contractual obligations, in particular when selling goods or providing services . The group action may only concern the compensation of financial damage resulting from the material damage suffered by consumers.

 Article L. 621-1 of the Consumer Code: "Duly declared associations whose statutory purpose states the defense of consumers' interests may, if they have been approved for this purpose under Article L. 811-1, exercise the rights of the civil party in respect of acts directly or indirectly harming the collective interest of consumers". The organizations defined in Article L. 211-2 of the Social Action and Families Code shall be exempted from legal authorization under the conditions laid down in this Article.

 Cass. crim., 18 February 1998, LawLex200300002444JBJ, holding that the rules of advertising lotteries are intended to protect the public against the attraction of the element of chance which these games involve and that its transgression is necessarily of such a nature as to harm the collective interest of consumers; TI Longwy, 17 June 1986, LawLex200300002540JBJ. 

 CA Paris, 10 April 1986, LawLex200300004391JBJ.

 Article L. 623-1 (former Article L. 423-1) of the Consumer Code.

French Consumer Law

268. Action by consumer associations

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Les notions juridiques connexes

268. Action by consumer associations

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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