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Case Details

Case Details
National ID 13-28217
État membre France
Common Name link
Decision type Supreme court decision
Decision date 12/04/2016
Juridiction Cour de Cassation
Objet
Demandeur Auchan France
Défendeur Carrefour hypermarchés, CSF France
Mots clés comparative advertising

Misleading and Comparative Advertising Directive, Article 4, (c) Misleading and Comparative Advertising Directive, Article 4, (d)

(1) A general statement indicating of lower prices does not qualify as a misleading advertising when the latter is based on the comparison of only certain everyday products selected by the defendant.

(2) The fact that the accuracy of a comparative advertising conveying the idea that a competitor's prices are substantially higher is, neither proven, nor can be verified is ineffective in determining whether an advertising is disparaging ?
The plaintiff launched an advertising campaign comparing fourteen everyday products sold by the defendant and claiming that its own products were cheaper.
(1) Does a claiming generally lower prices qualify as a misleading advertising when the latter is based on the comparison of only certain everyday products selected by the defendant ?

(2) Should the fact that the accuracy of a comparative advertising conveying the idea that a competitor's prices are substantially higher is, neither proven, nor can be verified, be taken into account in determining whehter an advertising is disparaging ?
The Court of Cassation overturned the Paris Court of Appeal's ruling in so far as it ruled that the comparative advertising does not cover a sufficiently large panel of every day products instead of considering whether the compared products were representative of the relevant categories of everyday products.

The Court of Cassation further overturned the Court of appeal's ruling considering that the fact that the compared products were selected by the defendant does not result in a lack of objectivity.

Finally, the Court of cassation overturned the Court of Appeal's qualification of disparaging advertising considering that the fact that a consumer could not verify the accuracy of the advertising is irrelevant.
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The Court of Cassation overturned the Paris Court of Appeal's ruling.