Case law

  • Case Details
    • National ID: 11/02934
    • Member State: France
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 28/02/2014
    • Court: Rennes Court of Appeals
    • Subject:
    • Plaintiff: BNP PARIBAS PF - BNP PARIBAS PERSONAL FINANCE SA (BNP)
    • Defendant: FEDERATION DU LOGEMENT DE LA CONSOMMATION & ENVIR ET DE L'ENVIRONNEMENT D'ILLE ET VILAINE (FLCE)
    • Keywords: injunction, legal actions, unfair terms
  • Directive Articles
    Injunctions Directive, Article 2
  • Headnote
    A claim initiated by a consumer association requesting the deletion of unlawful or unfair terms is not conditioned upon the existence of an individual claim made by a consumer nor upon the existence of an individualized harm.
  • Facts
    A consumer association initiated a claim requesting the deletion of unlawful or unfair terms contained in the general terms and conditions of a bank's personal credit offer, in addition to requesting the cessation of the distribution of said offer. The bank claimed that the admissibility of the association's claim is subject to the existence of a prior claim by a consumer or to the proof of an individualized harm suffered by said association.
  • Legal issue
    The Court of Appeals confirmed the ruling of the first court on the basis that a claim, initiated by a consumers' association, requesting the deletion of unlawful or unfair terms may be initiated regardless of the contractual framework in order to obtain the deletion of unfair terms from a standard contract intended for consumers.
  • Decision

    Is a claim initiated by a consumer association requesting the deletion of unlawful or unfair terms conditioned upon an individual claim made by a consumer or upon the existence of an individualized harm?

    Full text: Full text

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  • Result
    The Plantiff's claim was rejected.