The Court notes that, contrary to what the plaintiff claimed, its activity was limited to listing merchants and their products and did not consist in providing information which enabled products to be compared with each other or their prices. However, the advertising messages which it disseminated on the partner online press sites were in editorial form The terms used did not make it possible to determine their advertising nature and the information was presented in the form of text or images presented in an objective manner without mentioning the advertiser. Consequently, the judges condemned the company for a commercial practice deemed misleading on the basis of Article 121-4 paragraph 11 of the Consumer Code.
On the other hand, the Court of Cassation overturned the appeal judgement insofar as it ordered the company to identify all the advertising content that it had disseminated on the sites of its partners apart from online press sites since the Court of Appeal did not characterise how the inadequacy of the information communicated was likely to substantially alter the economic behaviour of the consumer.
URL: https://www.doctrine.fr/d/CASS/2019/JURITEXT000038488703
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