(1) In a short reasoning the court established that, pursuant to Section L. 141-4 of the French Consumer Code, it can automatically apply the provisions of the French Consumer Code in disputes involving its enforcement. Therefore, when these provisions were not complied with, it can automatically raise the illegality of a disputed loan.
(2) Pursuant to Sections L. 311-8, L. 311-13, R. 311-7 and L. 311-33 of the French Consumer Code (transposing article 7.4 (e) of the UCP Directive), a trader who grants a loan to a consumer based on a loan offer provided without any detachable withdrawal form, performs a misleading commercial practice and is therefore deprived of its right to receive interest payments.
The clause in which a consumer acknowledges that he received a copy of the contract with attached withdrawal form cannot make up for the legal obligation to effectively provide the debtor with such withdrawal form.
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