Legal Blog

Competition and Consumer Affairs

Competition and Consumer Affairs

Nespresso’s Capsule Wars

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

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...

SFR attacks Orange on its offers for second homes

The operator SFR brought an action before the Commercial Court of Paris against Orange concerning the offers made to owners of secondary residences. It will be recalled that France Telecom markets a fixed telephony offer and an Internet offer at 19 and 21 euros...

Do “group actions” have their place in France?

The group action (or "class action") allows a large number of people to sue a company or an institution, to obtain moral or financial compensation. Will she arrive in France?   A group action desired but still delayed Better justice for consumers? The speculative...

Tax Evasion vs Tax Avoidance

Tax Evasion vs Tax Avoidance The distinction between tax evasion and tax avoidance can often blur, but it's a line that the so-called 'ghost' company in Luxembourg has shrewdly grasped.   There is a fine line between tax evasion and tax avoidance. The Luxembourg...

Modernization of tolls in France

Rationalization of French motorway tolls  In France, a new motorway toll system has recently been tested. The traditional toll booths and barriers will be replaced by cameras installed at specific crossing points on the  highways  . Multiple payment methods:...

VAT and customs duties for our holiday memories

When we go on a trip abroad, we tend to want to bring back everyday products in our suitcases, but at much better prices! thus, cigarettes, alcohol and other digital goods can be purchased abroad but beware of the taxes you will have to pay on your return because...

Banking law: who is liable in the event of fraud?

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...

How to protect yourself from online vacation booking scams

Scam prevention  In today's digital age, booking holidays online has become increasingly popular, with around one in two French people opting for this method. However, caution is advised as many scams target unsuspecting travelers. Your criminal lawyer is there to...

Consumer rights during sales

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...

Vehicle rental: what to do when nothing goes as planned?

Vehicle rental  You wish to rent a vehicle. Nothing goes as planned! Maître DAMY Grégory, lawyer in Nice and Luxembourg, informs you of your rights . Vehicle rental companies have experienced significant growth in recent years. Faced with the rise in their prices,...

Furnished Rentals

Furnished Rentals Administrative procedures are necessary and mandatory for furnished rentals that are not used by their owner as their main residence. Once the status of tourist residence has been obtained, it is then possible to request the classification of the...

Employment contract and non-competition clause

The employment contract may include a non-competition clause, prohibiting the employee, after leaving the company, from exercising a competing activity likely to harm the interests of the  employer  . Its validity is subject to the following cumulative conditions: –...

Seizure: need to hold an enforceable title

Consumer loan Everyone is normally required to pay their debts, and it is of course not us, nor any other legal professional, who would come to contradict or minimize the scope of the famous article 2284 of the Civil Code, under which "Anyone who is personally bound...

The HAMON law and consumer protection.

Revolution ! Twenty-one years after the entry into force of the Consumer Code, Law no. Law n° 2014-344 relating to consumption, known as the “ Hamon law ”, in reference to the one who will have been the main one as Minister of the Social and Solidarity Economy, was...

Consumer credit transaction and right of withdrawal

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...

E-commerce: how to guarantee consumer protection?

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...

Consumer law: reform proposal for consumer protection

Consumer reforms On the occasion of the presentation of the report of the Economic Analysis Council on consumer protection, significant changes were announced concerning consumer rights in France . Benoît Hamon, then Minister Delegate for the Social and Solidarity...

Rules on wine labeling, beware of nutritional claims!

Restricted Wine Claims European Union legislation, specifically amended by Regulation 1924/2006 , imposes strict limits on the use of "health claims" in the labeling and advertising of alcoholic beverages containing more than 1.2% alcohol by volume. This includes...

Automotive FAQ: new on the European Commission website!

Automotive FAQs The European Commission has published a comprehensive set of Frequently Asked Questions (FAQs) dealing with the application of European Union (EU) regulations regarding cartels and abuse of dominant position in the automotive sector. These FAQs are...

eBay Listings: No Counterfeiting or Unfair Competition

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...

Parcel services and disclaimers

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...

Health scandals: how are drugs put on the market?

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...

Real or fake sale?

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...

I bought a product that does not suit me: what should I do?

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...

Consumer law: novelties of the law of March 17, 2014

This law aims to  rebalance  the powers between consumers and professionals, to improve the daily life of the French people by freeing up purchasing power. Concretely ,  what  are the main novelties ? Group action: Since October 1, 2014, anyone who feels they are the...

Can I refuse to pay the bill at the restaurant?

Refusal of invoice In restaurants, the provision of service is generally settled at the end of the meal. In case of malfunction, do we have to pay the bill? What can I do to dispute the rating? IN PRINCIPLE, NO IF THE MEAL HAS NOT BEEN CONSUMED refusal of invoice As a...

“I have the right” at the restaurant

What are your rights in a restaurant?  Is  a  restaurateur responsible for your personal belongings? Can you require water when ordering food? A coffee ? Do you have the right to request an itemized invoice? Do you have the right not to pay for dishes that do not...

Consumer law: what are your rights at the supermarket?

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...

Airport passenger rights: pets, baggage, search and duty free

Airport passenger rights: pets, baggage, search and duty free When you are at the airport, you have certain rights as a passenger. Understanding these rights ensures a smoother travel experience. Here are some important aspects of your rights at the airport: Traveling...

My train is cancelled: what can I claim?

Canceling   a train can sometimes cause real harm, whether financial or moral  . What can you claim from the SNCF? In which cases must it  compensate you  ? What should the SNCF offer at the station? In the event of a train being cancelled , and for any reason...

Credit or refund?

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...

Online auction

There is a whole series of  services  and objects strictly regulated by French law and which are not freely available for sale. Beyond that, Internet  auctions are subject to new regulations  which provide for a distinction between the different forms of sale. Can I...

Online Returns

You have made a purchase on  the internet  but you are not satisfied. Did you know that you have a right of withdrawal, like for any other  transaction  ? Consult the general conditions of sale. You must first consult the General Conditions of Sale (GTC) of the...

The illegal practices of hoteliers on the Internet

Recently, several tourist sites have been  accused  of “unfair and deceptive practices” and condemned by the commercial court. Before buying a hotel service on the internet, you are therefore advised to be particularly careful because there are also illicit...

I sell on the Internet, what should I declare?

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...

What if my customer does not pay his invoice?

Unpaid invoices have long been the main source of financial difficulty for businesses. However, there are many legal tools to defend yourself.   Request payment of the invoice:   If a customer fails to pay one or more invoices within the agreed period, the...

Avoid bankruptcy filing: safeguard measures

To avoid filing for bankruptcy, the company must quickly put in place safeguard measures . What are they ? Can the entrepreneur first enter into an amicable agreement with his creditors?   Beforehand:   As soon as the company notices a fall in its cash flow,...

The application of competition law to banks in 2022

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,...

Legislative reforms of French competition law

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...