Legal Literature

Unfair Commercial Practices Directive, Chapter 2, Article 5, 2.

The contribution provides for a Commentary on Cass. civ. 1ère, 12 July 2012, No. 11-18807. The author draws a parallel with the European case law to show that French judges construed the law in the light of the Directive which was not implemented into national law at the time of the facts. Then he notes that there are two important lessons from this decision: (i) the fact that consumers may purchase a product without the tied one excludes any unfair commercial practice; and (ii) the burden of proof of unfairness lies on consumers.