10 February 2020

Unfair commercial practices: Concept of commercial practice
The fact that a commercial practice is not prohibited by Directive No 2005/29 or does not fall within its scope does not render it lawful.
Court of Cassation, commercial chamber, 29 January 2020, LawLex20200000164JBJ

Commercial lotteries: General principle of prohibition of lotteries
The “Winamax Poker Tour” tournament organized with players actually present, relating to a game of chance which raises the hope of a win, is an offer made to the public by means of a major advertising campaign and requires a financial sacrifice, meets the four elements of lotteries prohibited under the Internal Security Code, without it being necessary to find that the practice is unfair, and the fact that the organizing company operates an online poker site approved by the ARJEL (regulatory authority for online gambling) is not significant.
Court of Cassation, commercial chamber, 29 January 2020, LawLex20200000164JBJ

Commercial lotteries: General principle of prohibition of lotteries
Directive No 2005-29 applies without prejudice to European and national rules relating to authorization schemes, in particular, the rules relating to gambling activities, and therefore the overriding mandatory provisions of national laws and regulations which govern gambling and are included in the Internal Security Code cannot be ruled out solely on the grounds that the disputed poker tournament is not prohibited by said directive.
Court of Cassation, commercial chamber, 29 January 2020, LawLex20200000164JBJ

Liability for defective products: Exclusion of damage caused to defective product itself
The claimant has not provided a legitimate reason for the purpose of obtaining the investigative measures pursuant to Article 145 of the Code of Civil Procedure on the basis of liability for defective products, insofar as the fires in question caused damage only to defective agricultural machinery, whereas the provision only applies to compensation for harm resulting from personal injury and damage greater than an amount fixed by decree, which arises from damage to property but not the defective product itself.
Court of Cassation, 1st civil chamber, 22 January 2020, LawLex20200000139JBJ