Competition and Consumer Affairs

AVOCAT NICE - CLAIM COMPENSATION FOR THE LUNCHEON VOUCHER SCANDAL In Decision No. 19-D-25 of 17 December 2019, the French Competition Authority condemned the four main companies issuing meal vouchers (Endered, Sodexo, Up and Natixis Intertitres) for anti-competitive...

Consumer status and cryptocurrency. Consumer law arrives for cryptocurrencies!

Nespresso Capsule Wars the pod war continues! Nespresso, a company very jealous of protecting the invention that made its fortune, won a significant victory last January. A Swiss court has banned the Swiss “discounter” Denner from selling capsules compatible with...

GMOs in food: am I informed? Since 1997, manufacturers have had the obligation to mention the presence of GMOs in food products. However, it was not possible, for example, to distinguish the meat of an animal fed with GMOs or fed without GMOs. The rules for labeling...

Fraud liability On March 28, 2018, the Commercial Chamber of the Court of Cassation issued an important judgment concerning the liability of banks and their customers in the event of fraudulent activities. The court set a precedent by stating that if a bank customer...

Consumer Sales  The implementation of sales is governed by certain rules and regulations aimed at protecting the rights of consumers . During sale periods, sale items must be clearly identifiable to consumers. The consumer has the right to exchange or be reimbursed...

Credit rights  The Court of Cassation recently reaffirmed that a sale in installments, deferred or split payments is qualified as a consumer credit transaction , giving the buyer the right to exercise his right of  withdrawal. Consumer credit transaction and right of...

Law of latent defects The Court of Cassation, in a recent case concerning the sale of a boat, reaffirmed that the purchaser of a property is not required to carry out trials or tests to subsequently invoke a latent defect. The seller argued that the engine defect was...

Legal Battler Foundation, a renowned architectural institution, has filed a lawsuit against Getty Images France, a major image licensing company, alleging copyright infringement. The foundation accused Getty Images France of providing and distributing photographs...

Ensuring consumer protection In the field of e-commerce , it is crucial to enforce consumer rights and provide them with essential information, in particular on their right of withdrawal. According to the interpretation of the Court of Justice of the European Union of...

Canvassing Clarification the visit of a professional to a consumer’s home, at the latter’s request, does not necessarily constitute canvassing. Consumer law is particularly protective of the consumer in the event of door-to-door canvassing, in particular by allowing...

Corbis Sygma case Surprisingly, the Court of Cassation did not ratify the judgment of the Paris Court of Appeal which had ruled that the Corbis Sygma press agency had committed an act of infringement for having digitized and disseminated photos of a...

Weston's trademark infringement , unfair competition and trademark infringement claims against eBay, whether for search engine sponsored links or the appearance of sponsored results on the site eBay from its referencing program, were all rejected by the 3rd chamber of...

Resale of software In a judgment of July 3, 2012, the Court of Justice of the European Union unambiguously recognized the legality of the resale of second-hand software licenses  distributed  by download from a website. During the first sale of a copy of software, the...

Parcel delivery services, such as CHRONOPOST, are often faced with disputes regarding late deliveries or lost parcels. Customers who choose expedited services and pay a higher amount expect their  packages  or envelopes to arrive at  their destination  within a...

The Mediator affair or more recently the Dépakine affair are, among other things, the biggest health scandals of the decade in France. The late withdrawal from the market of these long-contested drugs would be the cause of hundreds of deaths or major disabilities in...

How do you tell the difference between real and “fake” sales? What are the  merchants' obligations during the sales? Seasonal sales Seasonal sales  can take place during two periods of up to six weeks each during the year. These are the winter sales and...

Your  purchase  is not what you wanted? Is there a flaw that you haven't noticed? You can claim from the seller either the repair of the good or its  replacement  . THE PRODUCT IS DEFECTIVE The product is defective. The warranty is necessary if you can prove that the...

What are your rights in a supermarket ? Are you allowed to pay in small changes? Price display errors,  phantom promotions  , defective product, liability in the event of  breakage  or accident… Your rights in the event of a problem in a supermarket.  The item is more...

The  reimbursement system  for products returned within the legal period can sometimes be unclear to consumers. This raises questions such as whether to choose between credit and refund and how the  refund process works  . Here are some key points to consider: Means...

Do we have to declare  everything  we sell on the internet ? From when do I have to declare a trader status? Should all objects be declared? We must declare everything we sell on the internet, from the moment the object is sold at a price greater than €5,000. It is...

A concentration is achieved when two or more previously independent companies merge; when one or more persons already controlling at least one company, or when one or more companies acquire directly or indirectly, whether by equity participation or purchase of assets,...

Parliament has just adopted new rules on competition law. Article 26 (10°) of Law No. 2003-591 of July 2, 2003 , empowering the Government to simplify the law, aims to "establish an accelerated procedure for the examination, by the Competition Council , cases below a...