Case detailB a c k
Article 6 1. (b)
Article 7 1.
Article 7 4. (a)
|National ID||No. 10-10.800|
|Common name||Decision type||Supreme court decision|
|Court||Cour de cassation, première chambre civile (Paris)||Plaintiff(s)||Association de défense des consommateurs Union Fédérale des consommateurs Que choisir (UFC)|
|Court translation||Supreme Court, 1st Civil Section (Paris)||Defendant(s)||DARTY et Fils|
|Keywords||inaccurate information, informed decision, material information, precontractual information, product characteristics|
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The omission to inform the consumer on technical product specifications, even in the event the trader is not specialist in this matter, constitutes a misleading commercial practice.
According to the plaintiff, the defendant thus concealed "essential" information to customers in violation of article L. 121-1 of the French Consumer Code, which would have been useful to them in order to make their transactional decision.
The plaintiff filed an appeal against this decision with the Supreme Court.
Does the omission of a trader, even in the event the trader is not specialist in this matter, to inform the consumer on technical product specifications, constitute a misleading commercial practice?
The court, interpreting article L. 121-1 of the French Consumer Code, ruled that information which relates to the technical specifications of a computer that is pre-equipped with an operating system and software must be provided by any professional trader to the average consumer because (i) it is material information and (ii) it can help him make his transactional decision.
|URL Decision||Decision full text|
The plaintiff's request was granted.
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