Case law

  • Case Details
    • National ID: link
    • Member State: France
    • Common Name:link
    • Decision type: Other
    • Decision date: 13/11/2008
    • Court: Cour de Cassation (Supreme court)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Distance Selling Directive, Article 12, 1.
  • Headnote
    No headnote available.
  • Facts
    On 24 February 2006, Mrs x had ordered by telephone forty-eight vouchers to a value of 1,298.85€ from the company SLG paid for on the same day by debit card and, not having received the vouchers which were supposidly lost in the post, took the company to court to have the sale contract annuled and to claim restitution of 848.25€ which she had transfered to the company. The company appealed to the Cour de cassation.
  • Legal issue
    The Cour de cassation rejected the appeal which was based upon the intervening act of a third party, the postal service, as well as a limitation clause. However, the court declared that the service provider to whom the the business had recourse in executing its obligations resulting from the distance contract is not a third party within the meaning of article L. 120-20-3 of the Code de la consommation. This is a strict application of the transposition (and of the Directive) which provides for vicarious liability of a contractual nature for the actions of third parties.
  • Decision

    Full text: Full text

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  • Result