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 regulation of sales is aimed both at protecting the consumer and at preserving fair trading. The advertising surrounding these promotional sales gives the party in question a certain visibility that certainly contributes to attracting customers, drawn by the price reduction offers. Consequently, failure to comply with the rules governing sales creates an imbalance between economic operators an …

Unfair competition

The regulation of sales is aimed both at protecting the consumer and at preserving fair trading. The advertising surrounding these promotional sales gives the party in question a certain visibility that certainly contributes to attracting customers, drawn by the price reduction offers. Consequently, failure to comply with the rules governing sales creates an imbalance between economic operators and prejudices the exercise of fair competition, which implies a behavior consistent with trade practices or the laws and regulations in force. Accordingly, the organization of sales in breach of the regulations in force constitutes a fault within the meaning of Article 1240 (former Article 1382) of the Civil Code, liable to incur the responsibility of its perpetrator . The fault may result either from the diversion of customers caused by the unlawful discounts , or from the disruption of the local market to the detriment of other traders at a time of year, on Whitsun weekend where their stores are closed , or from the unlawful profit obtained to the detriment of its competitors by the trader who maintains the display of reduced prices after the authorized period, to dispose of the winter collection before its replacement .

The action for unfair competition may be brought by the direct competitor of the organizer or sales held in violation of the texts to obtain compensation for the injury suffered . The action can also be brought by trade unions and professional unions, which have an interest to act against traders who hold unlawful sales . The sales operation carried out in breach of the rules and practices constitutes an act of unfair competition which disrupts equality to the prejudice to those who exercise the same activity in accordance with the regulatory provisions, and thus harms the collective interest of professionals. However, the admissibility of their action depends on the content of their articles of association. A professional association has the right to bring a legal action when its articles of association provide for the legal representation of its members by the president, without prior deliberation of the board of directors, insofar as the purpose of the association is to defend the collective interests of the profession . On the contrary, if the articles of association provide that the president cannot take legal action without having first consulted the management committee, the action will be inadmissible in the absence of this formality .

See, for an example, CA Nîmes, 3 February2009, LawLex201200001195JBJ.

See Cass. com., 18 October 1994, LawLex200200001535JBJ, upholding CA Paris, 1 October 1992, LawLex200200001706JBJ

CA Bourges, 24 July 2001, LawLex200300004189JBJ, handed down under the old law: as sales are prohibited in the department concerned outside the summer period, it is for the interim relief judge who, under Article 809 of the Code of Civil Procedure, has the power to prevent imminent harm and put an end to any manifestly unlawful disorder, to prohibit the company from proceeding with the operation in question even if it is has been authorized by the prefectural authority (order rendered under the regime prior to the reform conducted by Law No 2008-776 of 4 August 2008 on the modernization of the economy).

CA Riom, 6 March 2003, LawLex200300004346JBJ.

See CA Paris, 1 October 1992, LawLex200200001706JBJ, approved on this point by Cass. com., 18 October 1994, LawLex200200001535JBJ:  in this case, a trading partner of a store had ceased deliveries of branded garments, and at the same time organized sales on these products, the two stores being located next to one another.

CA Montpellier, 22 September 1994, LawLex200200001542JBJ; 28 March 1996, LawLex200200001368JBJ; Cass. com., 8 July 1997, LawLex200200001237JBJ, upholding CA Montpellier, 22 September 1994, LawLex200200001543JBJ.

CA Riom, 14 April 1993, LawLex200300004200JBJ.

Cass. com., 10 February 1998, LawLex200200001180JBJ.

French Consumer Law

330. Unfair competition

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

330. Unfair competition

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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