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

Pursuant to Article L. 422-1 (former Articles L. 221-2 and L. 221-4) of the Consumer Code, products or services which do not meet the safety requirement are prohibited or regulated by the public authorities. The intervention of the State must be proportionate to the danger presented by these products or services . Article L. 422-3  assimilates the measures taken within the framework of Directive N …

Powers of the public authorities

Pursuant to Article L. 422-1 (former Articles L. 221-2 and L. 221-4) of the Consumer Code, products or services which do not meet the safety requirement are prohibited or regulated by the public authorities. The intervention of the State must be proportionate to the danger presented by these products or services . Article L. 422-3  assimilates the measures taken within the framework of Directive No 2001/95 to the enforcement measures of Article L. 422-1.

a)  Regulation or prohibition of placing on the market or distribution (Consumer Code, Article L. 422-1, 11°, and last paragraph of former Article L. 221-3, 1°, 2° and 4 °)

By decree issued in the Conseil d'État, after compulsory consultation of the Consumer Safety Commission, the government:

-  fixes, by products or categories of products, “the conditions under which the manufacture, import, export, offer, sale, free distribution, possession, labeling, packaging, circulation of products or use of these products are prohibited or regulated”;

-  determines the hygiene and sanitary conditions to be observed by persons participating in the economic cycle of the products or services concerned;

-  specifies the conditions under which professionals shall be charged the costs incurred in respect of the safety provisions to be adopted in accordance with the rules laid down;

b)  Withdrawal from the market or recall of products (Consumer Code, Article L. 412-1, II, former Article L. 221-3, 3°)

The government can also order the withdrawal from the market or the recall of products. The fate of the products subject to the withdrawal or recall order is then variable. They may, inter alia, be modified, refunded, exchanged or even destroyed when destruction is the only means of putting an end to the danger.

c)  Minister's power of injunction (Consumer Code, Articles L. 521-18 and L. 521-26, former Article L. 221-7)

The Minister for Consumer Affairs or the Minister concerned can send warnings to professionals and ask them to bring the products or services they offer to the public into compliance with the safety rules . The products or services are then checked to verify that the compliance measures have been carried out.

The Consumer Code gives the public authorities exceptional prerogatives when a serious or immediate danger threatens the health and safety of the public .

Article L. 521-17 of the Consumer Code provides, in case of serious or immediate danger, that the Minister for Consumer Affairs and the Minister(s) concerned can suspend  by joint order the manufacture, import , export or placing on the market of a product. The Ministers concerned may order the withdrawal, or even destruction, of the product concerned when it is the only means of putting an end to the danger. Warnings, precautionary messages and recall in view of an exchange, modification or total or partial refund  can also be ordered.

Ministerial orders issued pursuant to Article L. 521-17 of the Consumer Code do not have to be preceded by an adversarial procedure . The measures adopted are of a temporary nature : they may not be pronounced for a period exceeding one year, but may be renewed for additional periods, none of which can exceed one year. In addition, the competent Ministers may put products and services back on the market when they have been recognized compliant with the regulations in force.

When a suspension decision has been taken, the Ministers concerned must hear the professionals involved and the approved national consumer associations without delay, and no later than fifteen days after the decision, but failure to comply with this time limit does not lead to the nullity of the decision .

b)  Intervention of the administrative authority 

Pursuant to Article L. 521-20 (former Article L. 221-6) of the Consumer Code, when there is a serious or immediate danger to the safety of the public due to the provision of a service, the administrative authority may take the necessary emergency measures. It may in particular suspend the provision of the service, for a period not exceeding three months, which is renewable.

Finally, the administrative authority is empowered by Article L. 521-7, when the products do not comply with the regulations or present a danger to public health or consumer safety, to order the suspension of the placing on the market, the withdrawal, recall or even destruction.

 Within the framework of the ordinary procedure: See Cons. d'Ét., 15 May 2009, LawLex201600000709JBJ: the general prohibition of the manufacture, import, export, supply, sale or free distribution of products containing nitrites, when the provisions of Article L. 221-3 also allow to regulate, inter alia, the labeling, packaging or use of these products, including by adopting partial or temporary restrictions, is an excessive and disproportionate measure in view of the risks posed by the marketing of this product to the health and safety of consumers. Within the framework of the emergency procedure: See Cons. d'Ét., 2 July 2003, LawLex200300003997JBJ: one-year suspension pursuant to former Article L. 221-5 of the Consumer Code, of the placing on the market, import and provision of watercraft and their withdrawal in all places, deemed proportionate.

 Before the adoption of the Law No 2017-203 of 21 February 2017 ratifying the Ordinances No 2016-301 of 14 March 2016 relating to the legislative part of the Consumer Code and No 2016-351 of 25 March 2016 on consumer credit agreements relating to immovable property for residential use and simplifying the system of implementation of the obligations in the area of compliance and safety of products and services, this was under Article L. 422-4 of the Consumer Code.

 Consumer Code, Article L. 521-18 (products) and L. 521-26 (services), former Article L. 221-7.

 Consumer Code, Article L. 521-17 (products) and L. 521-25 (services), former Article L. 221-5.

Cons. d'Ét., 23 December 2020, LawLex202100000007JBJ: in the absence of a legislation defining a specific requirement for single-use baby diapers and since, following an opinion of the French National Agency for Food, Environmental and Occupational Health Safety (ANSES), the government has obtained a commitment from professionals to eliminate allergenic substances, particularly perfumes,  or, failing that, that they reduce the presence of dangerous substances exceeding the health thresholds set by that authority, and where an improvement in the situation was noted by the DGCCRF during a campaign of inspections carried out in 2019, the competent ministers cannot be criticized for refusing to suspend, on the basis of Article L. 521-17 of the Consumer Code, the manufacture, import, export and marketing of single-use baby diapers containing such substances, or for asking the regional authorities to take the same measures on the basis of Article L. 521-7 of that Code.

 Cons. d'Ét., 28 March 1990, LawLex200300003079JBJ.

 Regarding an immersion detection alarm system for swimming pools, see Cons. d'Ét., December 28, 2009, LawLex201400000750JBJ: measures to disseminate warnings or precautions for use and exchange or refund of all devices marketed.

 Cons. d'Ét., 28 March 1990, LawLex200300003079JBJ; 19 May 1993, LawLex200300003061JBJ.

 Cons. d'Ét., 28 October 1991, LawLex200300003062JBJ; 19 May 1993, LawLex200300003061JBJ.

 Prior to the Ordinance of 14 March 2016, this function was vested in the "préfet" (prefect).

French Consumer Law

652. Powers of the public authorities

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652. Powers of the public authorities

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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