Unfair Commercial Practices Directive, Chapter 2, Article 5, 1. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1.

The omission to provide information does not automatically constitute an unfair commercial practice. It must be proven that the commercial practice has or is likely to have an impact on the transactional behavior of the consumer.

Plaintiff and defendant signed a partnership agreement for the promotion of the defendant's website through clickable links on plaintiff's website. Plaintiff's remuneration was based on the number of clicks. Plaintiff claimed that defendant had an obligation to pay the amount of plaintiff's invoices for traffic generation. Defendant refused to pay, arguing that plaintiff was liable for misleading commercial practices.

Plaintiff's website, an online price comparator, did not contain any information on the fact that it was an advertising website, did not update prices in real time and did not indicate the periods of validity of the offers. It did not indicate the shipping costs, terms of warranty and principal specifications of the offered goods or services.

According to the defendant, the plaintiff had therefore breached the prohibition on unfair commercial practices.

 

The Supreme Court held that an omission to provide information cannot be automatically regarded as unfair. According to the court, each commercial practice, such as an omission to provide information, must be assessed in the light of its impact on the consumer's behavior.

A commercial practice shall only constitute a prohibited misleading commercial practices when the practice at stake has an impact or is likely to have an impact on the economic behavior of the consumer.

 

Does the information to provide information, automatically constitute an unfair commercial practice?

URL: http://www.legifrance.gouv.fr/affichJuriJudi.do?oldAction=rechJuriJudi&idTexte=JURITEXT000024915823&fastReqId=1916990089&fastPos=1

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The plaintiff's request was granted.