Jurisprudence

  • Informations concernant l’affaire
    • ID national: Court of Cassation, Judgement 19-20.922
    • État membre: France
    • Nom commun:N/A
    • Type de décision: Décision de la Cour suprême
    • Date de la décision: 05/05/2021
    • Juridiction: Cour de Cassation
    • Objet:
    • Demandeur:
    • Défendeur:
    • Mots clés: consumer rights, professional diligence, consumer as professionals, invoice
  • Articles de la directive
    Consumer Rights Directive, Chapter 1, Article 2 Consumer Rights Directive, Chapter 1, Article 2
  • Note introductive

    ECLI:FR:CCASS:2021:C100338

    In consumer law, the Court of Cassation is demanding as regards the characterisation of the qualities of a consumer and a professional. As soon as persons are deemed to be exercising a professional activity, even if it is secondary, the rules of the Consumer Code are excluded as soon as these activities are in question. In concrete terms, private individuals who are building two flats for professional purposes are excluded from the category of consumers. This activity excludes them from the possibility of invoking the rules of the Consumer Code and in particular article L. 137-2, now L. 218-2 of the Consumer Code, according to which the action of professionals for goods or services they provide to consumers is prescribed by two years. This limitation period does not apply to actions granted for the purposes of a professional activity, even if it is accessory.

  • Faits

    The owners of the project had built two flats for residential use. Under a private deed dated 17 June 2010, they concluded a works contract with a company for the earthworks and structural work. As several invoices issued on 11 May 2012 had not been paid, the company put them in default and, on 19 August 2015, summoned them for payment and damages. The owners of the project raised a plea of non-admissibility based on the statute of limitations. According to them, the company's action was brought more than two years after the invoices were issued and is subject to the two-year limitation period

  • Question juridique

    Can the protective rules of the ConsumerCcode be applied to private individuals who are starting the construction of two residential buildings for professional purposes?

  • Décision

    It is not to be ruled out that the owners of the work acted in the exercise of an ancillary professional activity. In so deciding, on grounds that are insufficient to rule out the possibility that the owners of the work had acted in the exercise of an ancillary professional activity, the Court of Appeal did not provide a legal basis for its decision.

    URL: www.courdecassation.fr/decision/6093acc3ab4025311647a77a

    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 persons deemed to be exercising a professional activity, even a secondary one. This decision is in line with long-standing case law (Court of Cassation, 23/01/2019 Judgement 17-23.922; Court of Cassation, 13/03/2019, Judgement 1726.227).