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Case detail



Directive article Article 5 2.
National ID 11-18807
Country France Decision date 12/07/2012
Common name Decision type Supreme court decision
Court Cour de cassation Plaintiff(s) UFC-Que Choisir
Court translation Supreme Court Defendant(s) Hewlett Packard France
Subject combined offers
Keywords average consumermaterial informationpriceprice information

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Headnote

Selling computers online with a pre-installed operating system does not constitute an unfair commercial practice when the trader informs consumers of the possibility of purchasing the same computer without any software from another linked website and warns them against the difficulty of installing such software.

Facts

The plaintiff accused the defendant of selling computers with a pre-installed operating system on its website without offering consumers the possibility of purchasing those computers without a pre-installed software at a lower price. The court of appeal held that it was an unfair commercial practice.

Legal issue

Does selling computers online with a pre-installed operating software constitute an unfair commercial practice?

Decision

According to the court, consumers were able to purchase computers without a pre-installed operating system on another linked website, even though the defendant warned them against the difficulty of installing such software and the fact that it may not succeed. Therefore, according to the court, the sale did not constitute an unfair commercial practice.

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Result

The plaintiff's claim was denied.

Additional information

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