The plaintiff claimed that the defendant was selling computers that were pre-equipped with an operating system without informing consumers of the terms of use related to the pre-installed software.
According to the plaintiff, the defendant thus concealed "essential" information to customers in violation of article L. 121-1 of the French Consumer Code, which would have been useful to them in order to make their transactional decision.
The court of appeal had ruled that a professional trader, which is not specialized, did not need to inform consumers on the terms of use of the pre-installed software.
The plaintiff filed an appeal against this decision with the Supreme Court.