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Produits, Consommation, Publicité
Focus on the new transparency obligations of the Eco-design Regulation
Regulation (EU) 2024/1781 of 13 June 2024 lays down new transparency requirements for economic operators concerning the management of unsold items and the provision of a digital passport.
Produits, Consommation, Publicité
Publication of priority areas for the application of the Eco-design Regulation
In a publication of 16 April 2025, the European Commission established the list of priorities for the years 2025-2030 for the implementation of the Eco-design Regulation of 13 June 2024.
Produits, Consommation, Publicité
Can an unfair practice form the basis of an action for unfair competition
In a judgment of 14 May 2025, the Court of Cassation questioned the possibility of bringing an action for unfair competition relating to a commercial practice, with no direct link to the consumer, whereas this practice would not substantially alter the consumer's economic behaviour.
Produits, Consommation, Publicité
New DGCCRF guidelines on payment terms
The agents of the DGCCRF are authorized to search for and note breaches of the regulations on payment terms between companies and in public procurement contracts. In the event of exceeding a maximum period, it may in particular impose an administrative fine of up to 2 million euros or, in the event of repetition within two years, 4 million euros .
Produits, Consommation, Publicité
Compensation for damage suffered in unfair competition through the assessment of loss of profits
In a judgment of 2 April 2025, the Paris Court of Appeal ruled on the assessment of the economic damage resulting from acts of unfair competition by taking into account the loss of income.
Produits, Consommation, Publicité
Clarification of the concept of "comparative advertising"
In a judgment of 8 May 2025, the CJEU states that a service for online comparison of products or services provided by a company that is not a "competitor" does not fall within the concept of "comparative advertising".
Produits, Consommation, Publicité
Reinforcement of interoperability obligations under the bonus of abuse of a dominant position
In a judgment of 25 February 2025, the Court of Justice of the European Union was asked whether the refusal by an undertaking in a dominant position to ensure interoperability between its platform and an application of a third party undertaking may constitute an abuse of a dominant position.
Produits, Consommation, Publicité
The CJEU applies the concept of economic entity to a breach of the GDPR
The Court of Justice of the European Union was asked about the concept of an undertaking, in the presence of a parent company and its subsidiary, for the determination of the amount of the administrative fine imposed for a breach of the General Data Protection Regulation.
Produits, Consommation, Publicité
Clearly personalised and right of withdrawal for a website
By a judgment of 17 October 2024, the Douai Court of Appeal ruled on the concept of clearly personalized property applied to a website with regard to the benefit of the right of withdrawal.
Produits, Consommation, Publicité
The ban on the expressions “soy steaks” and “vegetable sausages” annulled
By two decisions of 28 January 2025, the Council of State aligned itself with the position of the CJEU by affirming the annulment of the decrees prohibiting the use of the expressions "soya steaks" and "vegetable sausages".
Produits, Consommation, Publicité
Control of unfair terms in consumer credit agreements
By a judgment of 13 March 2025, the CJEU ruled on the applicability of the review of unfair terms within a consumer credit agreement.
Produits, Consommation, Publicité
Draft Omnibus Directive, its impacts on the CSRD
On 26 February 2025, the European Commission published a proposal for an Omnibus Directive, aimed at simplifying European regulations on sustainability and due diligence issues and reducing the administrative burden on companies in this respect.
Produits, Consommation, Publicité
DGCCRF: Is the evidence by questionnaire fair?
The Court of Cassation, in a judgment of 29 January 2025, took a position on the issue of the unfairness of employment by agents of the DGCCRF, standardized questionnaires limiting the freedom of response of interviewees.
