Case law

  • Case Details
    • National ID: link
    • Member State: France
    • Common Name:link
    • Decision type: Other
    • Decision date: 25/03/2010
    • Court: Cour de Cassation (Supreme court)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Injunctions Directive, Article 1, 2. Injunctions Directive, Annex I
  • Headnote
    A criminal offence is not required for an unlawful act within the meaning of article L. 421-6 of the Code de la consommation.
  • Facts
    The company VGC distribution sells kitchens and bathrooms. The kitchen and bathrooms on sale are advertised as “fitted”. However, the company requires that prospective clients sign the quote as valid contracts of sale before even measuring the area into which the kitchen and bathrooms are to be installed. The first judicial decision on the matter had declared the advertising to be misleading. Subsequently, the company changed the terms of its advertising, but continued to require the signature of the client before measuring up the premises. The consumer organisation Union fédérale des consommateurs Que choisir de l'Isère (UFC Que choisir 38) decided to take the company to court to put an end to the commercial practice under astreinte (French secondary court order to pay a money sum ordered to be paid for every day during which a person fails to perform the principal court order). The action was based upon articles L. 421-2 and L. 421-6 of the Code de la consommation.

    The Court of appeal found in favour of the claimant and the defendant appealed to the Cour de cassation on the basis that the Court of appeal had misinterpreted and misapplied the articles of the Code. According to the substance of the second point of appeal, the appellant argued that an injunction founded upon articles L. 421-2 and L. 421-6 of the Code de la consommation is based upon a criminal offence. However, the appellant had changed its advertising so that the commercial practice would no longer constitute a criminal offence. In short, the argument of the appellant was based upon a restrictive interpretation of the legislation.
  • Legal issue
    According to the Cour de cassation, a criminal offence is not required for an unlawful act within the meaning of article L. 421-6 of the Code de la consommation. This decision is favours consumer protection organisations and militates for a more effective application of Directive 98/27.
  • Decision

    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result