INFORMATION OBLIGATION
LexInter | February 4, 2018 | 0 Comments

INFORMATION OBLIGATION

Chapter I: General obligation to provide information
Article L111-1
Modified by LAW n ° 2010-853 of July 23, 2010 – art. 35

I. – Any professional seller of goods must, before the conclusion of the contract, put the consumer in a position to know the essential characteristics of the good.

 

II. – The manufacturer or importer of movable goods must inform the professional seller of the period during which the parts essential for the use of the goods will be available on the market. This information must be given to the consumer by the seller, before the contract is concluded.

 

III. – In the event of a dispute relating to the application of I and II, it is the seller’s responsibility to prove that he has fulfilled his obligations.

 

Consequences of using an outdated model of consumer credit legislation; Note under judgment of the Court of Cassation, 1 st civil chamber, July 17, 2001, Sellin against CRCAM Paris and Ile-de-France, judgment no 1392FS-P + B, JCP E Semaine Juridique (business edition), no 2, 01/10/2002, pp. 80-83The responsibility of EDF, the manufacturer and the installer of a dual-energy boiler is not engaged in the event of an additional cost of electricity consumption due to the lack of the user, who could exercise an option between the two sources of energy, to make use of it after having inquired about the respective prices of electricity and fuel; Note under the Rouen Court of Appeal, February 2, 2000, Madame Marquant-Thuault against Electricité de France, Société De Dietrich thermique et Leclerc, Vray, Henri, La Gazette du Palais, n ° 278, 05/10/2001, pp. 19-41

Stock market investment and article L. 111 of the Consumer Code, Vauplane, Hubert de, Bulletin Joly Bourse and financial products, n ° 5, 01/09/1999, pp. 463-464Note under the Paris Court of Appeal, March 26, 1999, Dubosc v Financial Union of France, Bussière, Fabrice, Banque et Droit, n ° 77, 01/05/2001, pp. 40-41

Life insurance: a company guilty of fraudulent reticence, n. under  Cour de cassation, 1 st Civil Chamber, 1 February 200 0, Courtieu, Guy, Revue de Droit Bancaire et Financier, n ° 6, 01/11/2000, pp. 380-381

Remote banking: Source of new litigation? Saint-Alary, Bertrand, Bank, n ° 617, 01/09/2000, pp. 30-32

The obligation of information in contractual theory: Applications and implications of an evolving jurisprudence, Mistretta, Patrick, Les Petites Affiches, n ° 67, 05/06/1998, pp. 4-8

Abuse by the consumer of his right; Manara, Cédric, Les Petites Affiches, n ° 59, 05/18/1998, pp. 4-5

Information obligation, Court of Justice of the European Communities (CJCE), October 13, 1993, Quality Option, n ° 113, 01/01/1994, p. 06-06

Article L111-2
Modified by LAW n ° 2010-853 of July 23, 2010 – art. 35

I. – Any professional providing services must, before the conclusion of the contract and, in any case, when there is no written contract, before the execution of the provision of services, put the consumer in a position to know the essential characteristics of the service.

II. – The professional service provider must make available to the consumer or communicate to him, in a clear and unambiguous manner, the following information:

– name, legal status and form, geographical address of the establishment, contact details enabling rapid contact and direct communication with it;

– where applicable, the registration number in the trade and companies register or in the trades directory;

– if its activity is subject to an authorization system, the name and address of the authority which issued it;

– if he is subject to value added tax and identified by an individual number in application of article 286 ter of the general tax code , his individual identification number;

– if he is a member of a regulated profession, his professional title, the Member State in which it was granted and the name of the order or professional body with which he is registered;

– the general conditions, if he uses any;

– where applicable, the contractual clauses relating to the applicable legislation and the competent jurisdiction;

– where applicable, the existence of an after-sales guarantee not required by law;

– any financial guarantee or professional liability insurance taken out by him, the contact details of the insurer or the guarantor as well as the geographical coverage of the contract or commitment.

Any professional service provider must also provide consumers who request it with the following additional information:

– with regard to regulated professions, a reference to the professional rules applicable in the Member State of the European Union in whose territory this professional is established and to the means of gaining access to them;

– information on their multidisciplinary activities and their partnerships which are directly linked to the service concerned and on the measures taken to avoid conflicts of interest. This information is included in any information document in which the service provider presents its services in detail;

– any codes of conduct to which it is subject, the e-mail address at which these codes can be consulted as well as the language versions available;

– information on the conditions for resorting to extrajudicial means of settling disputes, when these means are provided for by a code of conduct, a professional body or any other body.

III. – Within the meaning of II, an authorization system means any procedure which has the effect of obliging a service provider or recipient to apply to a competent authority with a view to obtaining a formal act or a decision implicit relating to access to a service activity or its exercise.

IV. – Section II of this article does not apply to the services mentioned in Books I to III and in Title V of Book V of the Monetary and Financial Code as well as to operations carried out by companies governed by the Insurance Code , by mutual societies and unions governed by Book II of the Mutual Code and by provident institutions and unions governed by Title III of Book IX of the Social Security Code.

V. – In the event of a dispute over the application of I and II of this article, it is the service provider’s responsibility to prove that he has fulfilled his obligations.

PROOF OF THE EXECUTION OF THE INFORMATION OBLIGATIONS : PROFESSIONAL SELLER

Article L111-3
Articles L. 111-1  and L. 111-2 apply without prejudice to provisions more favorable to consumers who subject certain activities to specific rules regarding consumer information.

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