(1) The court rules that an incomplete sign at the entrance to the supermarket that warns the client of an "absence of supplies of some products" does not exclude as such the infringement on the prohibition on misleading commercial practices. Moreover, the general offer of "similar articles at the same price" is vague and without any guarantee. As this was not a case in which a force majeure event could be invoked, the manager should have checked the availability of the products. The manager is also considered to have lacked the necessary level of vigilance by not ensuring that the price reductions as announced in the promotional offer applied to all the products as announced.
(2) Section L.121-5 of the French Consumer Code states that the primary liability for the offense lies with the person on behalf of whom the misleading commercial practice is implemented. In that case, even if the promotional offer originated from the distributor, the supermarket's manager implemented it and had to check the inventory and is therefore liable.
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