The court first held that selling computers with pre-installed operating systems on a website open to the public, without informing consumers of the price of the pre-installed software and without the possibility of refusing the software, constitutes an unfair commercial practice falling within the purview of article L. 121-1 of the French Consumer Code.
Such a commercial practice was further ruled to be contrary to professional diligence as it was established that it was not technically possible to uninstall the pre-installed software. In addition, the court held, such a practice is likely to substantially influence the economic behavior of the average consumer, as consumers will not be able to compare the price of the software with others or with computers without pre-installed software.
The court further held that such a practice is also a misleading commercial practice because insufficient information was given to the consumers who could be misled in the context of their transactional decision.
In its ruling, the court referred to articles 5, 6 and 7 of the UCP Directive.
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