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Case detail

B a c k

Directive article Article 6 1. (b)
Article 7 1.
Article 7 4. (a)
National ID No. 10-10.800
Country France Decision date 06/10/2011
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
Subject combined offers
Keywords inaccurate informationinformed decisionmaterial informationprecontractual informationproduct characteristics

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Headnote

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.

Facts

The plaintiff claimed that the defendant was selling computers that were pre-equipped with an operating system without informing consumers of the terms of use related to the pre-installed software.
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 court of appeal had ruled that a professional trader, which is not specialized, did not need to inform consumers on the terms of use of the pre-installed software.
The plaintiff filed an appeal against this decision with the Supreme Court.
 

Legal issue

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?

Decision

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
EN N/A
FR http://www.legifrance.gouv.fr/affichJuriJudi.do?oldAction=rechJuriJudi&idTexte=JURITEXT000024648294&fastReqId=2029716515&fastPos=1#

Result

The plaintiff's request was granted.

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