Article 5 2.
|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|
|Keywords||average consumer, material information, price, price information|
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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.
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.
Does selling computers online with a pre-installed operating software constitute an unfair commercial practice?
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.
|URL Decision||Decision full text|
The plaintiff's claim was denied.
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