Case law

  • Case Details
    • National ID: N°05-80.199
    • Member State: France
    • Common Name:link
    • Decision type: Other
    • Decision date: 04/10/2005
    • Court: Cour de Cassation (Supreme court)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Doorstep Selling Directive, Article 1, 1.
  • Headnote
    Doorstep selling regulation also applies when the consumer has been invited by mass mailing to a pavement selling.
  • Facts
    Mr. X organised a legitimately authorised pavement selling.
    The selling was announced by postal mass mailing.
    Flyers with no envelop and no names invited to visit the selling place and promised gifts to visitors.
    The selling was limited to a very short period of time.

    Two people visited the pavement selling and bought some table linen and fine dishes they paid that very day.
  • Legal issue
    Considering those flyers as ordinary advertisement to which doorstep selling was not applicable, Mr. X did not mention the right of cancellation to those consumers and accepted direct payment.

    The Cour de Cassation considers that, because of the invitation flyer, because of the limit period of sale, because of the offering of gifts, the consumers have been attracted out of their home. Therefore, Mr. X was regarded as a doorstep seller according to Art. L. 121-21 of the French Consumer Code.
    As a result, he was sentenced to pay a 3.000€ fine.
  • Decision

    Full text: Full text

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  • Result