Case law

  • Case Details
    • National ID: N°05-18.135
    • Member State: France
    • Common Name:link
    • Decision type: Other
    • Decision date: 21/11/2006
    • Court: Cour de Cassation (Supreme court)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 4
  • Headnote
    The general conformity rule in article L. 212-1 justifies the cancellation of an order passed by a professional buyer to a professional seller.
  • Facts
    Futura finances placed an order for some acrylic painting for children. Later the company cancelled the order because the CE logo attesting the conformity was not on the products.
  • Legal issue
    A side of articles L. 211-1 to art. L.211-18 transposing the Consumer Sales Directive (n°99/44), art. L. 212-1 states a general conformity rule:

    “ From their initial market launch, products must meet the regulations in force relating to the health and safety of persons, fair trading and consumer protection.
    The person responsible for a product's initial market launch is therefore required to ensure that the product complies with the regulations in force.
    When so requested by a regulator overseeing the application of the present Book, he is required to provide evidence of the checks and inspections carried out.”

    And the Decret n°89-662 of September 12th 1989 specifies the condition of the use of the CE logo.

    Pursuant to those texts, the Cour de Cassation considers that the cancellation of the order was legitimate.

    This decision offers a high protection both to professionals and to consumers. Actually article 4 of the Directive, transposed in France by art. L. 211-14, organises a right of redress: the final seller liable to a consumer because of a lack of conformity is entitled to pursue remedies against previous sellers.
    By rejecting those products, Futura finance protects itself against potential future liability. It also protects consumers by refusing to put on the market potentially dangerous products.
  • Decision

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