Jurisprudence

  • Informations concernant l’affaire
    • ID national: Court of Cassation, Judgement 19-10.770
    • État membre: France
    • Nom commun:N/A
    • Type de décision: Décision de la Cour suprême
    • Date de la décision: 20/05/2020
    • Juridiction: Cour de cassation
    • Objet:
    • Demandeur:
    • Défendeur:
    • Mots clés: consumer rights, professional diligence
  • Articles de la directive
    Consumer Rights Directive, link
  • Note introductive

    ECLI identifier: ECLI:FR:CCASS:2020:C100329


    Although the protective provisions of the Consumer Code and in particular those relating to real estate credit are essentially intended for consumers, the parties remain free to opt for a voluntary submission of their contract to them. However, the First Civil Chamber of the Court of Cassation clarified the contours of this application in a decision of 20 May 2020.

  • Faits

    Mr A, a hotel owner, took out three loans from his bank. Later sued for payment, he had voluntarily wished to subject his property loan contracts to consumer law, originally excluded from its provisions because they were intended to finance a professional activity.

  • Question juridique

    Can the protective rules of the consumer code be applied to private individuals who take out real estate loans for professional purposes?

  • Décision

    Article L.218-2 of the Consumer Code stipulates that the actions of professionals in respect of the goods or services they provide to consumers are subject to a two-year limitation period. The First Civil Chamber of the Court of Cassation, in its judgement of 20 May 2020, specified certain conditions for the application of this article, stating that the fact of voluntarily making a mortgage loan subject to the provisions of Articles L.312-1 et seq. of the Consumer Code does not entail the application of the two-year limitation period. The Court of Cassation held that only the rules relating to mortgage loans could be applied since they had been voluntarily chosen and not all the provisions of the Consumer Code to which the parties had not decided to subject themselves.

    URL: https://www.legifrance.gouv.fr/juri/id/JURITEXT000041974966

    Texte intégral: Texte intégral

  • Affaires liées

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  • Doctrine

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  • Résultat

    The court ruled that consumer law is not applicable to a loan contracted by a natural person to finance a professional activity, even a secondary one. The solution is in line with long-standing case law. (Court of cassation, 23/01/ 2019 Judgment 17-23.922; Court of cassation,13/03/2019, Judgement 17-26.227)