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

Article 873 of the Code of Civil Procedure authorizes the President of the Commercial Court to take protective measures or measures to restore (the parties) to (their) previous state as required, either to avoid an imminent damage or to put an end to a manifestly unlawful disturbance.
The courts consider that a sale on temporary premises carried out in violation of the formalities prior to its org …

 Jurisdiction of the interim relief court

Article 873 of the Code of Civil Procedure authorizes the President of the Commercial Court to take protective measures or measures to restore (the parties) to (their) previous state as required, either to avoid an imminent damage or to put an end to a manifestly unlawful disturbance.

The courts consider that a sale on temporary premises carried out in violation of the formalities prior to its organization causes a manifestly unlawful disturbance to traders who sell the same type of products by distorting competition .

However, the jurisdiction of the interim relief court is limited. In effect, it is not competent to assess the lawfulness of an administrative act such as the municipal authorization, subject to violating the principle of separation of powers . The court cannot assume jurisdiction and grant an application for annulment by finding that the administrative authorization procedure was unlawful and that the advertising displays did not comply with the applicable regulations. However, it may order the immediate cessation of sales, provided that, at the time of the ruling, the seller is not in possession of a municipal authorization.

The interim relief court also has no power to order the publication of its decision in the newspapers, as this is not a precautionary measure. Nor can he order the judicial seizure of the goods concerned by the sale on the grounds of the criminal provisions of the regulations on sales on temporary premises , or award compensation for the damage suffered by competitor traders .

These solutions, established under the prior authorization principle, retain their value under the declaration rules.

 CA Nîmes, 4 October 1990, LawLex200300003948JBJ; CA Limoges, 22 February 1993, LawLex200400000151JBJ.

 See CA Nancy, 12 November 2002, LawLex200300004053JBJ; CA Lyon, 7 January 1993, LawLex200300004220JBJ.

 CA  Nîmes, 4 October 1990, LawLex200300003948JBJ.

  CA Limoges, 22 February 1993, LawLex200400000151JBJ.

Non-compliance with regulations, such as those governing sales on temporary premises, creates a competitive advantage for the offender to the detriment of its competitors. In this respect, unlawful sales on temporary premises constitute an act of unfair competition. For example, a supermarket is guilty of unfair competition towards an association of traders by unlawfully increasing its sales area over the Christmas period by setting up a marquee in its car park, to conduct a sale on temporary premises without authorization . A sale on temporary premises carried out in breach of the regulations necessarily characterizes an offense of unfair competition, as it causes damage to the law-abiding trader due to the disaffection of customers because of the date of the sale and prices charged .

The civil action can be brought by the victim or a professional/trade associations. Such associations enjoy civil personality pursuant to Article L. 2132-3 of the Labor Code and derive their right to act under Article 2132-3 of the same code, under which they can “exercise all the rights reserved for the civil party in respect of acts directly or indirectly harming the collective interest of the profession they represent”, which may be material or moral. The association's capacity to act derives from its bylaws, when they provide for legal representation. The association of floor covering and carpet retailers is therefore entitled to take action for compensation for the damage caused by a sale on temporary premises of new carpets, constituting an act of unfair competition .

 CA  Pau, 6 October 1998, LawLex200200001082JBJ.

  CA Toulouse, 5 February 1998, LawLex200200001010JBJ: for the unlawful casual trading of ski article just before the winter season.

 CA Poitiers, 25 June 1992, LawLex200300003950JBJ.

French Consumer Law

483. Jurisdiction of the interim relief court

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

483. Jurisdiction of the interim relief court

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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