Case law

  • Case Details
    • National ID: N° 05-86.956
    • Member State: France
    • Common Name:link
    • Decision type: Other
    • Decision date: 27/06/2006
    • Court: Cour de Cassation (Supreme court)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Doorstep Selling Directive, Article 2
  • Headnote
    Craftsmen do not have to comply with doorstep selling regulation.
  • Facts
    Albert X. wished to have a central heating set up in his house. He got in touch with FFC (a heating company) in order to get an estimate. Two workers came to his place to make an analysis of the premises and to take measures. They then send him by mail the requested estimate.

    Albert X. did not accept this estimate but went to a trade fair where FFC had a stand. There he renegotiated the estimate, changing the type of the radiators and modifying the tank. A worker from FFC visited Albert X. at home to finalise the deal.

    Unhappy with the work done, Albert X sued FFC 3 years later considering that the formal requirements of doorstep selling regulation have not been respected by FFC.
  • Legal issue
    The Cour de Cassation considers that when a professional comes to a consumer’s place to visit the premises and to take measures in order to make out an estimate sent by mail later on, this visit, which does not imply any commitment of the consumer, does not constitute doorstep selling according to the definition laid out in Article L. 121-21 of the French Consumer Code.

    The fact that some requirements of the doorstep selling regulation were mentioned at the back of the order form is not relevant: this visit is not within the scope of doorstep selling regulation.
  • Decision

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