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 L. 217-3 of the Consumer Code (former Art. 217-4)  stipulates that “the seller is obliged to deliver goods in conformity with the contract and is liable for any non-conformities existing at the time of delivery”, the consumer being entitled, in accordance with Article L. 217-8 (former Article L. 211-8), to require the conformity of the good. Article L. 217-4 also specifies that the seller  …

Lack of conformity

Article L. 217-3 of the Consumer Code (former Art. 217-4)  stipulates that “the seller is obliged to deliver goods in conformity with the contract and is liable for any non-conformities existing at the time of delivery”, the consumer being entitled, in accordance with Article L. 217-8 (former Article L. 211-8), to require the conformity of the good. Article L. 217-4 also specifies that the seller is liable for any lack of conformity resulting from packaging, the instructions for assembly or installation of the good, when it is responsible for this under the contract or it has been carried out under its responsibility . Those provisions have been incorporated into the current Articles L. 217-4 and L. 217-5 of the Consumer Code, as enacted by Ordinance No 2021-1247, which state that the conformity of the goods means all “accessories, including packaging, and installation instructions that must be provided in accordance with the contract or that the consumer may legitimately expect”. Thus, an undertaking which subcontracts the laying of the parquet flooring which it sells is liable for any lack of conformity affecting it, provided that it has made a commitment as to the quality of the service . Prior to Ordinance No 2021-1247, these two articles, one devoted to contractual conformity  and the other to functional conformity  of the good, were combined into one: former Article L. 217-5, which provided that in order to conform to the contract, the good must either:

1° be fit for the purpose usually associated with such a product  and, if applicable:

- correspond to the description given by the seller and have the features that the seller presented   to the buyer in the form of a sample or model,

- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labeling;

2° have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to .

The conditions set out in the Consumer Code were of an alternative nature, contrary to Directive No 1999/44 of 25 May 1999, which laid down four distinct conditions, lack of conformity being presumed when one of them is not met . 

The new directive, No 2019/771, has moved closer to French law by including objective criteria  (conformity which the consumer can legitimately expect for a particular type of good) and subjective criteria  of conformity (conformity in terms of the provision of the contract).

Following the example of Article 6 of the directive, new Article L. 217-4 provides that the good is in conformity with the contract if:  

"1° It corresponds to the description, type, quantity and quality, particularly as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract ;  

2. It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter; 

 3° It is delivered with all the accessories and installation instructions to be provided in accordance with the contract;  

4° It is updated in accordance with the contract. 

In accordance with Article 7 of the directive, new Article L. 217-5, I, provides that “in addition to the criteria of conformity with the contract”, the good is in conformity if:
"1° It is fit for the purpose usually expected of goods of the same type, taking into account, where applicable, any provisions of European Union and national law and all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned ; 

2° Where applicable, it has the qualities which the seller has presented to the consumer in the form of a sample or model before the conclusion of the contract; 

3° Where applicable, the digital elements it contains are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;

4° Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5°. Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including durability , functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling."

Case law accepts that non-conformity may result from a minimal, or even merely aesthetic , difference from the contractually agreed characteristics or the legitimate expectations of the buyer . 

Since the introduction into the Consumer Code, following the adoption of the Law on the Circular Economy, of a new article concerning consumer information and the seller's obligations relating to software updates in Articles L. 217-21 to L. 217-23, now L. 217-18  to L. 217-20  , pursuant to Ordinance No 2021-1247, the seller of goods with digital components is required to ensure that the consumer is informed of and receives updates necessary to maintain the conformity of the goods for a certain period of time, which may be either: 

- “a period which the consumer may legitimately expect”, taking into account the type, purpose of the digital goods and items, the circumstances and the nature of the contract, in the case of a single transaction for the supply of digital content or digital service; 

- “a period of two years from the time the goods with digital elements were delivered”, where the contract of sale provides for the continuous supply of digital content or service over a period of time; 

- “the period during which the digital content or service is provided under the contract when the contract provides for its continuous provision for a period of more than two years” (Art. L. 217-19, I). Where the consumer does not install, within a reasonable time-limit, the updates necessary to preserve the conformity of the goods, the seller is not liable for lack of conformity resulting solely from the non-installation of the updates concerned, provided that the seller informed the consumer of the availability of the updates and of the consequences of their non-installation by the consumer, and that the non-installation or faulty installation by the consumer of the updates is not due to shortcomings in the installation instructions provided to him ( Art. L. 217-9, II).

 Cf. Directive No 1999/44, Article 2(5): “Any lack of conformity resulting from incorrect installation of the consumer goods shall be deemed to be equivalent to lack of conformity of the goods if installation forms part of the contract of sale of the goods and the goods were installed by the seller or under his responsibility. This shall apply equally if the product, intended to be installed by the consumer, is installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions.” For a case law application, see CA Aix-en-Provence, March 12, 2015, LawLex201600000125JBJ.

  CA Paris, 19 May 2011, LawLex201300000549JBJ

CA Aix-en-Provence, 20 March 2024, No 20/04122, LawLex202400002623JBJ: while conformity, within the meaning of Articles L. 217-4 and L. 217-7 of the Consumer Code, is generally understood to mean the usage usually expected of a similar good, so that any unsuitability of the item for its normal purpose, assessed in the abstract, constitutes non-conformity, it also includes the legitimate expectations of the buyer, who, when purchasing new furniture, necessarily expects it to be free of any defects, since the quality of the item purchased constitutes an essential element of the contract, just as the durability, functionality and safety of the item also do.

CA Paris, 18 April 2013, LawLex201400000660JBJ, for a gap of about one millimeter between the window frame and the lintel at the top of the garage door and the incomplete closing of the gate related to a shift in the rack. Cf. TGI Dunkerque, 10 November 2015, LawLex201600000337JBJ, considering that traces of surface corrosion affecting the undercarriages of a vehicle which are not abnormal with regard to the date it was put into circulation, and which may have been aggravated due to winter de-icing operations, do not constitute a lack of conformity; CA Nîmes, 9 June 2016, LawLex201600001135JBJ: the use of a leather not adapted to the assembly of the sofa purchased is not a simple aesthetic defect, but a lack of conformity

CA Reims, 26 June 2018, LawLex201800001004JBJ: in order to determine whether the delivered headstone complies with the order, it is necessary to take into consideration the expected requirements of the transaction which is legitimately stronger than normal in view of the very particular character of the type of product, which has an important affective function which consists in honoring the memory of a deceased person and being a place of remembrance of loved ones.

Article L. 217-18 of the Consumer Code states that updates are understood to mean “updates or modifications aimed at maintaining, adapting or developing the functionalities of the good, including security updates, whether or not these updates are necessary to maintain the conformity of the good”.

Article L. 217-20 governs updates that are not necessary to maintain the conformity of the product: "With respect to updates that are not necessary to maintain the conformity of the product, the seller shall comply with the following conditions:
1° The contract authorizes the principle of such updates and provides a valid reason for them ;
2. The seller shall inform the consumer, in a clear and intelligible manner, reasonably in advance and on a durable medium, of the planned update, specifying the date on which it is to take place;
3° The update is carried out at no additional cost to the consumer;
4° The seller informs the consumer that he has the right to refuse the update or, if necessary, to uninstall it, if the update has a negative impact on his access to or use of the digital content or service.
In the latter case, the consumer may rescind the contract within a maximum time-limit of thirty days, at no cost to him, unless the update has only a minor impact on him. However, the consumer may not rescind the contract if the seller has offered to keep the digital content or service unchanged, including by uninstalling the update, and if the digital content or service remains in compliance as provided in this section.
Where the consumer exercises his right to terminate the contract, the provisions of Articles L. 217-16 and L. 217-17 shall apply.
This article does not apply in the case of a grouped offer within the meaning of Article L. 224-42-2".

CA Reims, 10 January 2020, LawLex202000000042JBJ: the perfection of the dog's appearance cannot be considered as a characteristic agreed between the parties since, before the sale, the buyer did not warn the seller that the acquisition of the litigious dog was intended for participation in dog shows, the contract of sale expressly mentioning that “this dog is intended for companionship”. 

The explosion of the battery fitted to the equipment purchased, which occurred within twenty-four months of the sale, characterizes a defect in the conformity of the item sold when it is not established that it had been permanently charged, its instructions for use neither expressly exclude small equipment nor contain any restriction as to the number of devices to be charged and where the consumer is entitled to expect a battery to withstand the consecutive recharging of a computer, cell phones, a GPS tablet and a lamp in a safe manner, CA Colmar, 21 January 2019, LawLex201900000121JBJ; CA Orléans, 13 January 2020, LawLex202000000087JBJ: the seller fails in his obligation of conformity when he supplies consumers, for their residence, with tiles unsuitable for the use usually expected of similar goods, which has the technical characteristics of a non-slip coating intended for public buildings, requiring the implementation of a specific cleaning procedure using products of unusual use that a normally diligent consumer cannot expect, especially when the consumer was not informed.

  CA Saint-Denis, La Réunion, 31 July 2009, LawLex201300000543JBJ: a vehicle does not comply with the contract since it cannot be driven due to defects affecting the electronic system causing various failures. The courts consider that such a defect renders the good unfit for the use usually expected of a similar good. The same applies if there is a large space between the custom-made shutters and the masonry, since the closure is not perfectly tight, resulting in major break-in risks: CA Aix-en-Provence, 11 March 2009, LawLex201300000542JBJ; CA Nancy, 31 May 2010, LawLex201300000634JBJ, concerning the malfunction of the regulation of a heating apparatus causing intermittent failures; CA Metz, 13 January 2011, LawLex201300000544JBJ, concerning the sagging of the cushions of a sofa making it unfit for its intended use.

  CA Orléans, 13 January 2014, LawLex201400001954JBJ: holding that even if a variation in the valuation given can be admitted within reasonable limits, a difference of over 40% compared to the estimate provided by the seller demonstrates that the equipment delivered does not meet the characteristics defined by agreement between the parties and that it presents a non-conformity, within the meaning of the abovementioned provisions of Articles L. 211-4 et seq. of the Consumer Code.

  CA Aix-en-Provence, 3 November 2011, LawLex201600000141JBJ, considering that pursuant to Article L. 217-5, 2° (former Article L. 211-5, 2°) of the Consumer Code, the buyer is entitled to refuse the installation of photovoltaic panels manufactured by a company other than the German company referred to in his order, chosen for reasons of safety, in view of its high reputation in this sector; CA Douai, 25 February 2013, LawLex201300000573JBJ, which considers that the defect is not characterized when the buyer of a camper van does not inform the seller that he suffers from sleep apnea involving operating a respiratory device all night, although the battery only has four hours' autonomy. In this case, the special use of the good, sought by the buyer, was neither reported by the buyer nor accepted by the seller.

 Directive No 1999/44, Article 2(1) “The seller must deliver goods to the consumer which are in conformity with the contract of sale. 2. Consumer goods are presumed to be in conformity with the contract if they: (a) comply with the description given by the seller and possess the qualities of the goods which the seller has held out to the consumer as a sample or model; (b) are fit for any particular purpose for which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted; (c) are fit for the purposes for which goods of the same type are normally used; (d) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labeling […]”.

Article 7 of Directive 2019/771: In addition to complying with any subjective requirement for conformity, the goods shall (a) be fit for the purposes for which goods of the same type would normally be used, taking into account, where applicable, any existing Union and national law, technical standards or, in the absence of such technical standards, applicable sector-specific industry codes of conduct; (b) where applicable, be of the quality and correspond to the description of a sample or model that the seller made available to the consumer before the conclusion of the contract; (c) where applicable, be delivered along with such accessories, including packaging, installation instructions or other instructions, as the consumer may reasonably expect to receive; and (d) be of the quantity and possess the qualities and other features, including in relation to durability, functionality, compatibility and security normal for goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller, or other persons in previous links of the chain of transactions, including the producer, particularly in advertising or on labeling".

Article 6 of Directive 2019/77: “In order to conform with the sales contract, the goods shall, in particular, where applicable: (a) be of the description, type, quantity and quality, and possess the functionality, compatibility, interoperability and other features, as required by the sales contract; (b) be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the latest at the time of the conclusion of the sales contract, and in respect of which the seller has given acceptance; (c) be delivered with all accessories and instructions, including on installation, as stipulated by the sales contract; and (d) be supplied with updates as stipulated by the sales contract”.

French Consumer Law

519. Lack of conformity

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519. Lack of conformity

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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