17 February 2020

Misleading commercial practices: Action by victims of unfair competition
When called upon to rule on the damages for loss resulting from a misleading commercial practice for consumers, which gives the entity responsible an unfair competitive advantage over its competitors, the court may take into account the undue savings made by it and adjust them in relation to the respective business volumes of the parties affected by those actions.
Court of Cassation, commercial chamber, 12 February 2020, LawLex20200000207JBJ

Comparative advertising: Goods or services satisfying the same needs or having the same purpose
Products that satisfy the same need or the same objective of nourishment have an interchangeable character, even if they differ in terms of edible quality, manufacturing conditions, composition or nutritional information.
CA Paris, 31 January 2020, LawLex20200000198JBJ

Obligation to inform and advise: Rescission of the sale
The seller’s failure to fulfill his information and advice obligations can, if of sufficient gravity, justify the rescission of the sale.
Court of Cassation, commercial chamber, 22 January 2020, LawLex20200000209JBJ
Distance selling: Scope of application
An association must be classified as a professional, in spite of its non-profit aim and the fact that it is not subject to corporate tax or VAT, when it offers services to its members for a fee.
CAA Lyon, 30 January 2020, LawLex20200000175JBJ

Legal guarantee of conformity: Rescission
Absent any other elements, the sellers cannot rely on a non-adversarial expert witness report according to which the vehicle is not roadworthy, as the basis of their claim to rescind the contract of sale in application of Article L. 217-7 of the Consumer Code.
CA Caen, 6 February 2020, LawLex20200000211JBJ

Obligation to deliver goods in conformity: Concept
In application of Article 1604 of the Civil Code, the thing delivered must not only comply with the contract but also with the legislative and regulatory standards in force in relation to the nature of the good and the circumstances of the sale, and with the legitimate expectations of the buyer.
CA Douai, 6 February 2020, LawLex20200000212JBJ

Obligation to deliver goods in conformity: Rescission
The buyer having paid EUR 17,500 for the purchase of a used vehicle and who clearly did not expect it to have been seriously damaged two years previously succeeds in the demand for the rescission of the sale for failure by the seller to comply with its obligation to deliver goods in conformity even if the latter was unaware of the lack of conformity, insofar as such a history is likely to modify the terms of the buyer’s consent to the sale in terms of price and guarantee of the quality of repairs carried out.
CA Douai, 6 February 2020, LawLex20200000212JBJ