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 consumer protection rules provide for a withdrawal period of fourteen days, during which the consumer may unilaterally go back on his undertaking, without having to give reasons for his decision . To guarantee the effectiveness of the right of withdrawal, former Article L. 121-26 of the Consumer Code provided that “before the expiry of the period of reflection [...], no one [...] can perform a …

Early performance of the service

The consumer protection rules provide for a withdrawal period of fourteen days, during which the consumer may unilaterally go back on his undertaking, without having to give reasons for his decision . To guarantee the effectiveness of the right of withdrawal, former Article L. 121-26 of the Consumer Code provided that “before the expiry of the period of reflection [...], no one [...] can perform any services of any nature whatsoever”. The aim was to prevent the exercise of the right from being subject to psychological barriers, since the consumer might consider himself definitively committed once the contract was performed, or material barriers, because of the difficulties of returning to the pre-contractual situation in the area of services. The trial courts therefore systematically annulled contracts when the goods ordered were delivered before the expiry of the withdrawal period  or if the service was performed during this period .

Since the Hamon Law, the delivery of the goods or the performance of the service before the expiry of the withdrawal period are no longer prohibited. In fact, Directive No 2011/83 of 25 October 2011, which the law transposes, precludes Member States from prohibiting the contracting parties from performing their contractual obligations during the withdrawal period . However, the possibility of immediate performance of contractual obligations is provided for in Article L. 221-25 (formerly Art. L. 121-21-5) for contracts referred to in Article 221-4, paragraph 1, i.e. those relating to the supply of water, gas or electricity when not packaged in a limited volume or in a specified quantity, or the supply of urban heating , and by Article L. 221-26 (former Art. L. 121-21-6) to contracts for the supply of digital content on a virtual medium . The two articles thus provide that the professional may perform the service before the end of the withdrawal period, if the consumer wishes, subject to obtaining his express request. The early performance of the service, without the consumer's consent, is now sanctioned by administrative fines . In addition, where the service has been performed or has started to be performed without the express consent of the consumer and the consumer exercises his right of withdrawal, he will not owe any sum to the professional .

 Consumer Code, Article L. 221-18 (former Article L. 121-21).

  Cass. 1re civ., 25 November 1992, LawLex200300002831JBJ upholding CA Agen, 7 December 1998, LawLex200500010117JBJ, delivery and installation of equipment ordered before the expiry of the time limit; CA Bordeaux, 20 March 1995, LawLex200300002587JBJ; CA Pau, 6 May 1999, LawLex200300002608JBJ, delivery date provided for in the contract before the expiry of the withdrawal period.

 CA Toulouse, 6 February 2001, LawLex200300002866JBJ; Cass. 1re civ., 1 October 2014, LawLex201400001427JBJ: appraisal company which conducted surveys on the day of signature of the contract; CA Poitiers, 25 April 2014, LawLex201400000678JBJ and Cass. 1re civ., 1 July 2015, LawLex201500001297JBJ, sale mandate contract executed before the expiry of the withdrawal period, by the search for and submission of potential buyers.

 Directive No 2011/83 of 25 October 2011, Article 9(3).

CA Douai, 17 October 2024, LawLex202400008202JBJ.

See, however, Consumer Code, Article L. 221-23, paragraph  2 (former Article L. 121-21-3, paragraph  2), which considers the case of delivery of goods at the time of conclusion of the contract which provides that in case of withdrawal, the trader must recover them at its expense if they cannot be returned normally by post because of their nature. 

 Consumer Code, Article L. 242-13 (former Article L. 121-22-1).

  Consumer Code, Article L. 221-25 (former Article L. 121-21-5 in ?ne) and Article L. 221-26 (former Article L. 121-21-6).

French Consumer Law

464. Early performance of the service

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464. Early performance of the service

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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