Buying Goods & Services in France

(source: European Union)

1. The protection provided by Community law

In order to protect you from misleading advertising and its unfair consequences, the European Union has laid down common rules applicable throughout the Union.

In brief, misleading advertising is any advertising carried out by a professional which deceives or is likely to deceive you in such a way as, for example, to affect your choice from among the products or services which you wish to buy.

In order to determine whether advertising is misleading, all its features must be taken into account. In particular, for example, there may be information concerning the nature of the product, its availability, composition, price or quantity, the results to be expected from its use, the results of tests carried out, the identity or qualifications of the advertiser, etc. It should be noted that advertising may be considered misleading in terms of content as well as in the presentation of the message. This is the case, for example, if you receive an advertising brochure whose general presentation leads you to believe that you have won a sum of money or a gift, whereas this is not the case.

If you have been a victim of misleading advertising, you should know that, apart from the opportunities you have to obtain damages in accordance with the national provisions of each Member State, Community regulations oblige the Member States to provide adequate and effective means for the control of misleading advertising in the interests of consumers, competitors of the professional concerned and the general public.

Depending on the Member State, there may be recourse to proceedings for persons or organisations having a legitimate interest in prohibiting the misleading advertising in question. Such appeals to administrative or legal authorities may, depending on the circumstances, lead to measures prohibiting or ordering the cessation of the advertising in question.

The protection provided by Community law with regard to misleading advertising must be provided under the legislation of each Member State of the Union. The latter may also reinforce or supplement this protection for consumers under its national legislation. You will therefore find in the following section the main points of legislation in France which a person who has been a victim of misleading advertising should know in order to be able to respond effectively and assert his rights in the situations covered by law. The information in Part II was given by the French authorities.

II. Useful information on the specific provisions of legislation in France

Articles L.121-1 to L.121-7 of the Consumer Code (Code de la consommation) constitute the legal framework prohibiting misleading advertising or advertising likely to deceive the consumer and empower the public authorities to establish and punish infringements.

I. Definition

Article L.121-1 prohibits such advertising which in any way sets out false claims or information, or by its presentation is likely to deceive those to whom it is addressed regarding any of the following aspects: availability, nature, composition, essential qualities, beneficial active ingredients, kind, origin, quantity, method and date of manufacture, specification, price and terms of sale of the goods or services advertised, conditions of use, results expected from their use, motives or processes concerning the sale or provision of services, scope of undertakings by the advertiser, identity, description or attributes of the manufacturer, retailers, promoters or service-providers.

II. Qualifying factor

The advertiser must be able at any time and by any means to substantiate claims made in advertising with reference to the above aspects.

III. Methods of control

A. Specify the persons and/or organisations which may act against misleading advertising and under what conditions.

Employees of the following departments are authorised to draw up reports (procès verbaux) of infringements of Article L.121-1): direction générale de la concurrence, de la consommation et de la répression des fraudes (directorate-general for competition, consumer affairs and fraud), the direction générale de l'alimentation (directorate general for food) at the Ministry of Agriculture, and the service de métrologie (weights and measures department) at the Ministry for Industry.

They act in response to complaints from individuals and in the course of routine general checks.

They can require the advertiser to furnish all the information needed to substantiate the advertised claims, information or presentations. They can also require the advertiser, the advertising agency or anyone responsible for the product to make available the messages publicised.

The reports drawn up pursuant to this article are sent to the public prosecutor (procureur de la République).

B. Specify the powers of the courts and/or administrative bodies to stop or prohibit misleading advertising, including, where appropriate, fast-track procedures available before these courts or bodies.

An examining judge or a court where proceedings have been instituted may order an advertisement to be withdrawn, either on a motion by the prosecution or of their own motion. Such order is enforceable immediately, though an appeal may be lodged. Release may be given by the court which made the order or in which proceedings are under way.

The measure ceases to have effect in the event of a discharge or acquittal.

An appeal against a ruling on a request for release can be lodged with the indictments chamber (chambre d'accusation) or the court of appeal, depending on whether it was delivered by an examining judge or by a court where proceedings have been instituted. The indictments chamber or the court of appeal must decide within 10 days of receiving the documents.

In the event of a conviction, the court orders publication of the decision. It may also order the publication of one or more corrective statements at the expense of the convicted person. The decision lays down the conditions for the corrective statements and the method of publication and sets a time limit for compliance. If the convicted person fails to comply, the prosecution takes charge of publication at his expense; penalties may also be imposed.

The advertiser on whose behalf the corrective statement is published is liable as the principal for the infringement committed. If the offender is a legal person, the management is held liable. Complicity is an offence under the general criminal law.

The offence is established when the advertising is created, received or seen in France. In addition, to calculate the amount of the fine to be imposed, the court can ask the parties and the advertiser to produce any relevant documents. In the event of refusal, the court can order seizure of documents or other appropriate investigative measure. It can also impose a penalty of up to FFr 30,000 a day for non-performance, starting on the date set for the production of the documents.

Such penalties can also be applied in the event of refusal to furnish supporting documents or the material advertised, and in the event of failure to comply with the decisions ordering the cessation of advertising or to publish the corrective statements before the deadline.

C. Apart from the courts and administrative bodies referred to above, indicate whether there are any autonomous bodies carrying out voluntary controls, and who may bring proceedings before them

• Apart from the general measure, there is an additional administrative procedure to control the advertising of objects, equipment and methods claiming beneficial therapeutic properties for health.

Under Article L.552 of the health code, a special committee was set up to examine such advertising and to assess the therapeutic properties announced (for the purposes of health protection, any claim regarding the beneficial effects on a specific pathology has to be scientifically proven).

The committee is required to deliver an opinion on the truth of the claims in the light of scientific evidence provided by the advertiser. In the light of this opinion, the Minister for Health can issue a partial or total ban on such advertising. This decision is published in the Official Journal of the French Republic.

Any natural or legal person, public authority or department can refer matters to the committee.

Both the above procedures are complementary and not mutually exclusive.

Bureau de Vérification de la Publicité (advertising standards watchdog)

In the interests of the public the Bureau has to promote fair, honest and sound advertising, in particular by responding to requests for opinions as to whether or not existing or planned advertising conforms to the current rules, and by taking appropriate measures to bring a halt to any breach of the law or code of practice. If necessary, it can bring a civil action against the persons responsible for the advertising complained of. It is a self-regulatory body which only serves people in business.

III. Reference texts

Community text: 

Directive 84/450/EEC of 10 September 1984 on the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising (published in Official Journal of the European Communities L 250, 19.9.84, p. 17). 

National texts: 

Code de la consommation (Article L.121-1 to 121-7).

IV. Contact points

MINISTÈRE DE L'ECONOMIE ET DES FINANCES DIRECTION GENERALE DE LA CONCURRENCE, LA CONSOMMATION ET LA REPRESSION DES FRAUDES (DGCCFR) 
59 BOULEVARD AURIOL, TELECOD 071 75703 PARIS CEDEX 13 
TEL 01 44 87 1717 FAX 01 44 97 3030

Note: This Citizens First Factsheet is intended to provide guidance on EU law for information purposes only. It has been prepared by the European Commission with the help of national authorities and contains information on the national implementation of EU law. You are advised that the texts of Community legal instruments should be relied upon in case of doubt concerning the extent of a right or obligation arising from EU law.