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

In a general recommendation on the duration of contracts concluded between professionals and consumers , the Commission on Unfair Terms advocated, without calling into question the possibility of tacit renewal clauses in consumer contracts, that the contract is not extended for an excessively long period of time , and does not oblige the consumer, to avoid the extension or tacit renewal, to notify …

Reasonable duration

In a general recommendation on the duration of contracts concluded between professionals and consumers , the Commission on Unfair Terms advocated, without calling into question the possibility of tacit renewal clauses in consumer contracts, that the contract is not extended for an excessively long period of time , and does not oblige the consumer, to avoid the extension or tacit renewal, to notify the professional of his intention on a date too far from the agreed term. The Commission, hostile to clauses providing for an indefinite renewal of the contract  or a renewal period greater than or equal to the initial period , advocates an option to renew contracts annually .

Case law has adopted the same approach. For example, the clause in a lease of equipment with an irrevocable period of ten years providing for its tacit renewal for the same period is unfair, on the grounds that it “holds the lessee captive”, despite the obsolete nature of the equipment leased  in the same way as the clause for the renewal of an internet access contract which imposes on the subscriber the renewal of his contract for a period equal to the initial period, although his needs may have changed since the date of conclusion of the contract and he may wish to continue it for a shorter period . Similarly, a clause is unfair where, in light of the absence of any possibility of early termination, it allows the contract to be renewed for an excessively long period . On the other hand, the clause for the tacit renewal of the contract for a period of one year renewable is lawful when the customer has the right to terminate the contract subject to two months' notice or an option of early termination .

To avoid the automatic renewal of contracts, Law No 2005-67 of 28 January 2005 introduced a new Article L. 136-1 into the Consumer Code (recodified since 1 July 2016 in Articles L. 215- 2 to L. 215-4 and L. 241-3)  , which requires the service provider to inform the consumer or non-professional in writing, by registered letter or by e-mail, at the earliest three months and at the latest one month before the end of the period authorizing refusal of the renewal, the possibility of not renewing the contract which he has concluded with a tacit renewal clause. The information, delivered in clear and understandable terms, must indicate, in a clearly visible box, the deadline for termination. In the event of a breach by the professional of this obligation, the consumer may terminate the contract at any time from the date of renewal, and the professional must refund the advance payments made.

 CCA, Recommendation No 01-02 of 22 February 2001 on clauses relating to the duration of contracts concluded between professionals and consumers, BOCCRF 23 May 2001.

 In particular, the Commission stigmatizes renewal periods longer than the initial term of the contract.

 Recommendation No 03-02 of  18 September 2003 relating to mandates of sale, rental or for the search for a property, BOCCRF 12 March  2004.

 See, for LPG supply contracts: Recommendation No 84-01 of 20 January 1984, BOCC 20 November 1984.

 See, for "multi-risk home insurance" policies: Recommendation No 85-04 of 20 September 1985, BOCC 6 December 1985; for contracts relating to remote monitoring: Recommendation No 97-01 of 24 April 1997, BOCCRF 11 June 1997; for LPG supply contracts: Recommendation No 84-01 of 20 January 1984, op. cit. See for passenger vehicle insurance policies: Recommendation No 89-01 of 19 May 1989, BOCC 14 July 1989, specifying that the notice period imposed must not exceed two months.

 See CA Paris, 24 September 1998, LawLex200300001908JBJ.

 TGI Nanterre, 9 February 2006, LawLex200600002481JBJ.

 CA Paris, 27 October 2017, LawLex201700001775JBJ.

 TGI Nanterre, 2 September 2003, LawLex200400000459JBJ.

 Amended by the Hamon Law No 2014-344 of 17 March 2014.

French Consumer Law

427. Reasonable duration

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427. Reasonable duration

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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