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

A commercial guarantee which does not comply with the formal rules laid down in Article L. 217-22 (former Article L. 217-15) of the Consumer Code is not void: the guarantee remains valid and the buyer may rely on it . Consequently, the rules of contractual liability under the ordinary law are applicable in the event of the seller's failure to fulfill his obligations under the commercial guarantee, …

Legal rules

A commercial guarantee which does not comply with the formal rules laid down in Article L. 217-22 (former Article L. 217-15) of the Consumer Code is not void: the guarantee remains valid and the buyer may rely on it . Consequently, the rules of contractual liability under the ordinary law are applicable in the event of the seller's failure to fulfill his obligations under the commercial guarantee, i.e. when the seller refuses to refund, repair or replace the defective goods. . The application includes any document, particularly any contractual document intended for consumers, allowing the authorities to take a position on the commercial guarantee contract that the applicant plans to establish

New Article L. 217-28 (former Article 217-16) of the Consumer Code specifies the effects on the guarantee of the repair of the defective good demanded by the consumer. In this case, the period of immobilization necessary for the repair of the good under warranty suspends the period of the guarantee still to run until the delivery of the repaired good. The seller is thus invited to be diligent in the execution of the repair of the good. This period runs from the time of the consumer's demand for action or from the time the goods are made available for repair or replacement, if the latter is more favorable to the consumer. Furthermore, the time-limit for the guarantee is also suspended when the consumer and the guarantor enter into negotiations for an amicable settlement.

In addition, new Article L. 217-29 provides that in the event of transfer of ownership of the goods between consumers, the sub-purchaser benefits from the rights acquired by the initial purchaser, relating to the commercial guarantee vis-à-vis the guarantor. 

Since the Hamon Law, any breach of Articles L. 217-21 to L. 217-23 (formerly L . 21715 and L. 217-16) is liable to an administrative fine. The maximum fine is five times higher under new Article L. 241-13: EUR 15,000 for a natural person and EUR 75,000 for a legal entity . The fine is imposed in accordance with the conditions laid down in Chapter II of Title II of Book V of the same code.

The commercial guarantee has an advantage for both the buyer and the seller. It provides the consumer with an additional means of protecting his interests, which is superimposed on the warranty against latent defects, the obligation to deliver goods in conformity and the legal guarantee of conformity. Within the framework of the contractual guarantee, he does not have to prove that the defect already existed at the time of the delivery of the good and that it was unknown to him. It is sufficient that he proves to the seller that the good is affected by a defect within the commercial guarantee period. Similarly, the seller is only obliged to apply the remedies provided for by the guarantee, without any hierarchy being imposed on him.

Law No 2018-727 of 10 August 2018 “for a State in the service of a society of trust” introduced a type of rescript faculty for any professional operating in an economic sector designated by a decree in Council of State, in which there are particular difficulties as regards the commercial guarantee, assessed according to the extent of the breaches and the complaints in that regard, the amount of the extra cost borne by consumers relative to the commercial guarantee or the nature and the recurrence of the difficulties of interpretation of the rules relating to the commercial guarantee. Under Article L. 217-24 (former Art. L. 217-16-1) of the Consumer Code, the professional “may ask the administrative authority responsible for competition and consumer affairs to take a formal position on the conformity with Article L. 217-21 to L. 217-23 of the commercial guarantee agreement it plans to use "in order to guard against any change by the administrative authority of its assessment which may  expose it to the administrative penalty provided for in Article L. 241-14” . The administrative authority formally takes a position within a time-limit set by decree in the Conseil d'Etat, and if the Administration remains silent at the end of this period, the request is deemed to have been dismissed. 

However, the validity of that statement of position expires on the day on which i) the professional's situation changes, ii) an amendment to the laws or regulations likely to affect its validity comes into force, and iii) the administrative authority notifies the professional of a change in its assessment at least two weeks before it takes effect . Decree No 2018-1227 of 24 December 2018  provides that the sector of activity concerned by the rescript is the retail sale of household appliances in specialized stores . The text specifies that the application for rescript must be submitted to the regional management or the regional office of competition and consumer affairs where the applicant's head office or establishment is located, and that if the applicant's corporate seat is in another country, the application is brought before the DGCCRF . The application includes any document, particulary any contractual document intended for consumers, allowing the authorities to take a position on the commercial guarantee contract that the applicant plans to establish . The administrative authority has a period of two months from the date of receipt of the application or of any additional information necessary to formally take a position on the factual situation described by the applicant . An order from the Minister of the Economy establishes the list of information necessary to review the application, the supporting documents that accompany it and the application form .

 Consumer Code, Article L. 217-5 (former Article L. 211-15), paragraph  5: “In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to rely on it.”. Cf. Article 17(2) of Directive No 2019/771: "2. The commercial guarantee statement shall be provided to the consumer on a durable medium at the latest at the time of the delivery of the goods. The commercial guarantee statement shall be expressed in plain, intelligible language. It shall include the following: (a) a clear statement that the consumer is entitled by law to remedies from the seller free of charge in the event of a lack of conformity of the goods and that those remedies are not affected by the commercial guarantee; (b) the name and address of the guarantor; (c) the procedure to be followed by the consumer to obtain the implementation of the commercial guarantee; (d) the designation of the goods to which the commercial guarantee applies; and (e) the terms of the commercial guarantee.

Previously, Article L. 241-6 provided for an administrative fine of up to EUR 3,000 for a natural person and EUR 15,000 for a legal person.

Consumer Code, Art. L. 241-14: “Any failure to comply with the provisions of Articles L. 217-25 to L. 217-27 relating to the provision of after-sales services is punishable by an administrative fine of up to EUR 3,000 for a natural person and EUR 15,000 for a legal person.”

 Listed under the codes 47.54 and 47-54 Z of division 47, section G of the classification of French business activities.

 Order of 13 May 2019 relating to the formal position of the administrative authority in charge of competition and consumer affairs in matters of agreed payment terms and the commercial guarantee, OJ 118 of 22 May 2019.

French Consumer Law

536. Legal rules

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536. Legal rules

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Les notions juridiques connexes

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