20 January 2020

Misleading commercial practices: Identity of professional
Uber cannot be accused of deceiving the consumer as to the person with whom it contracts by providing only the initial of the surname and first name of the driver, insofar as it is not established that more detailed information would have an influence on the decision to contract, since the service only relates to the use of a vehicle with a driver the identity of whom is irrelevant, and is delivered by Uber itself and not by that driver.
CA Paris, 12 décembre 2019, LawLex201900001534JBJ

Comparative advertising: Objective character
The former exclusive distributor, which, after the termination of the contract, posts a comparative advertisement on his website in which he uses the well-known trade name of the supplier’s product, while only highlighting the advantages of the competing product it now distributes, infringes the objectivity requirement under Article L. 122-1 of the Consumer Code and causes a manifestly unlawful disturbance which must be prohibited.
CA Grenoble, 9 January 2020, LawLex2020000051JBJ

Fraud: Invalidity action
In the event of cancellation of the contract of sale of an appartment, the purchaser must return not only the appartment but also the rent it produced, regardless of any fraud by the seller, since the restitution is not subject to the latter’s good faith.
Court of Cassation, 3rd civil chamber, 21 November 2019, LawLex2020000035JBJ

Obligation to deliver goods in conformity: Concept
The obligation to deliver in conformity a complex and comprehensive system for the installation of computer software package which cannot be limited to the delivery of the goods and the handing over of the item, also extends to its installation on the server and the client’s computer workstations by the supplier, who is required to comply with the applicable legal and technical standards, or those which are included in the contract, usual practice and the legitimate expectations of the buyer.
CA Lyon, 9 January 2020, LawLex2020000040JBJ

Obligation to deliver goods in conformity: Difference with latent defects
The lack of conformity of the thing delivered which, although it corresponds to the contractual description, is of a lower quality in respect of its normal intended use, constitutes a latent defect.
CA Versailles, 7 January 2020, LawLex2020000048JBJ

Obligation to deliver goods in conformity: Proof
The fact that the court-appointed expert witness states that the vehicle does not meet the purchase criteria is not sufficient in itself to establish that the vehicle is not in conformity within the meaning of Articles 1603 et seq. of the Civil Code.
CA Versailles, 7 January 2020, LawLex2020000048JBJ

Legal guarantee of conformity: Absence of conformity
To be in conformity within the meaning of Article L. 217-4 of the Consumer Code, the product must, when delivered, be suitable for the use normally expected of a like product and, in particular, fit the description provided by the seller and possess the features that the latter presented to the buyer, include the qualities that a buyer can legitimately expect or the characteristics defined by mutual agreement of the parties or be suitable for any specific use sought by the buyer of which the seller is informed.
CA Reims, 10 January 2020, LawLex2020000042JBJ