Case law

  • Case Details
    • National ID: 11/12825
    • Member State: France
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 24/05/2013
    • Court: Court of Appeals Paris
    • Subject:
    • Plaintiff: Mr. Thierry Oldak
    • Defendant: SA Le Club Méditerranée
    • Keywords: material information, misleading omissions, omission, travel
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 1.
  • Headnote
    Breaching the information obligation of travel agents does not constitute an unfair commercial practice when the information omitted was neither substantial nor likely to materially distort the economic behavior of the consumer.
  • Facts
    A consumer (the plaintiff), who purchased a holiday package from a travel agency (the defendant), was not able to water ski due to the presence of crocodiles in a lagoon.

    The defendant had not informed the plaintiff of the possible presence of crocodiles.

    The plaintiff claimed his consent had been vitiated by a mistake and requested damages. In first instance, the tribunal denied the plaintiff's claim on mistake but awarded damages.

     
  • Legal issue
    According to the court, the plaintiff did not demonstrate that he would have made another transactional decision if he would have received the information on the crocodiles. Neither was it proven that the defendant purposely omitted the information. 

    As a consequence, so the court ruled, the omission did not constitute an unfair commercial practice.

     
  • Decision

    Does not providing the consumer with certain information, automatically constitute an unfair commercial practice?

    Full text: Full text

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  • Result
    The plaintiff's claim was denied.