Case law

  • Case Details
    • National ID: 14-84.072
    • Member State: France
    • Common Name:link
    • Decision type: Supreme court decision
    • Decision date: 13/01/2016
    • Court: Supreme court
    • Subject:
    • Plaintiff: Société Eurochallenges France and its representative Mrs Anne-Marie Y.
    • Defendant: Unknown party
    • Keywords: information obligation, right of withdrawal, unambiguous
  • Directive Articles
    Unfair Commercial Practices Directive, link
  • Headnote
    At the time of the interview to sign the contract, the lack of information related to the withdrawal right constitutes a misleading commercial practice.
  • Facts
    The plaintiff is accused of carrying out commercial practices which are misleading by omitting material information relating to the consumer's right of withdrawal. The latter right is not mentioned in any of the documents available to the consumer, namely the plaintiff's website, subscription contract, questionnaire, leaflet, the ethics code.
  • Legal issue
    Given the absence of price in the advertising materials, the first and only invitation to purchase was the communication made during the interview at which the contract was signed. None of the consumers was provided with a written, intelligible and unambiguous information, regarding the right of withdrawal. Thus, the Plaintiffs had knowingly committed the offense.

    The court considered that information relating to the exercise of a right of withdrawal provided for by law is deemed to be material in any commercial communication which constitutes an invitation to purchase, whether prior to or concurrently with the commercial transaction.
  • Decision

    At the time of the interview to sign the contract, does the lack of information related to the withdrawal right constitute a misleading commercial practice?

    URL: https://www.legifrance.gouv.fr/affichJuriJudi.do?oldAction=rechJuriJudi&idTexte=JURITEXT000031861615&fastReqId=1209643986&fastPos=1

    Full text: Full text

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  • Result
    The court dismissed the appeal.