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Journal Officiel de la République française (France)
Consumer
Code (Legislative Part)
Date du dernier texte modificateur signalé : Loi 2003-289 du 18/03/03
(JO 19/03/03)
CONSUMER CODE (Legislative Part)
Vol 1 : Consumer information
and contract formation
Part 1 : Consumer information
Chapter I: General obligation of information
Article L111-1
All business suppliers of goods or services must,
prior to conclusion of the contract, ensure that the consumer is made aware of
the essential characteristics of the goods or services.
Article L111-2
Business suppliers of personal property must, in
addition, inform the consumer of the period during which parts that are
essential for use of the goods are likely to be on the market. The business
must, compulsorily, be notified of this period by the manufacturer or importer.
Article L111-3
The provisions of the previous two articles are
applicable without prejudice to provisions that are more favourable to
consumers which subject certain activities to special regulations regarding
consumer information.
Chapter II: Manner of Presentation and labelling
Article L112-1
(inserted by Act no.
99-574 of 9 July 1999 art. 82 Journal officiel of
Product labelling referring to an appellation
d’origine contrôlée fromagère must compulsorily include the name and
address of the manufacturer.
Article L112-2
(Act no. 99-574 of 9 July 1999 art. 83 Journal
officiel of 10 July 1999)
(Act no. 2001-420 of 15 May 2001 art. 61 Journal
officiel of
An official visual identification mark, known as the appellation
d’origine contrôlée logo, in the sense of point 2 of article 6B of the
A Council of State decree fixes, subsequent to
consultation of the Institut national des appellations d’origine, the
specimen official logo and its procedures for use.
Article L112-3
(inserted by Act no.
2001-6 of 4 January 2001 art. 18 II Journal
officiel of
Conditions for use of wording relating to poultry
rearing methods are determined by article L. 640-4 of the code rural,
reproduced hereinafter:
Art. L. 640-4 “For poultry with no identification mark
in the sense of article L. 640-2, reference to rearing methods relating to
foodstuffs can only be used, in accordance with current community legislation,
under the terms fixed by decree relating, in particular, to regular control
procedures.
Reference to the “extensive indoor (barn reared)” and
“free range” rearing methods, as well as to the age of slaughter, can only be
used on poultry for which an identification mark resulting in the issue by the
administrative authority of an identification mark
The words “farm – traditional free range” or “farm –
free range, total freedom” can only be used on poultry with a label, an appellation
d’origine contrôlée or certification of the method of organic production.
These provisions do not, however, apply to small-scale
productions intended for the direct or local sale referred to in article 3,
paragraph 5 of the directive 71/118/CEE.”
Article L112-4
(inserted by Act no.
2001-420 of
Conditions for simultaneous use, for labelling of a
foodstuff or a non-food, non-processed agricultural product, with the exception
of wines, spirits and intermediary products, of a commercial brand and an
identification mark, in the sense of article L. 640-2 of the code rural,
are laid down by Council of State decree.
Article L112-5
(inserted by Act no.
2001-420 of
Research and verification of breaches of the
provisions laid down in this chapter are exercised in accordance with the
conditions provided for in article L.215-3 by the agents mentioned in article
L.215-1.
Article L112-6
(inserted by Act no.
2001-420 of
Labeling of a product sold under an own brand must
mention the name and address of the manufacturer if the latter so requests.
Products with characteristics defined by the company
or the group of companies that retail the product and own the brand name under
which it is sold are deemed to be products sold under an own brand.
Article L112-7
(inserted by Act no.
2001-420 of
The designations “chocolat pur beurre de cacao”
and “chocolat traditionnel” and any other equivalent denominations are
reserved for chocolate manufactured only from fats extracted from cocoa beans,
without the addition of vegetable fats.
Chapter III: Price and conditions of sale
Article L113-1
The rules relating to the determination of prices are
fixed by the provisions of article 1 of order no. 86-1243 of
Prices of goods, products and services are freely
determined by economic forces. In sectors or areas where price competition is
limited due, either to monopolistic situations or sustained procurement
difficulties, or legislative or regulatory provisions, a Council of State
decree may regulate prices subsequent to consultation of the conseil de la
concurrence.
The provisions of the first two paragraphs shall not
form an obstacle to Government rulings, made by virtue of Council of State
decrees, against excessive price rises or falls, temporary measures caused by
crisis situations, exceptional circumstances, a public disasters or a
manifestly abnormal market situation in a determined sector. The decree is
issued subsequent to consultation of the Conseil national de la consommation.
It states its period of validity which may not exceed six months”.
Nota :
Article 1 of order n° 86-1243 of
Article L113-2
Aforementioned rules relating to the field of
application of order no. 86-1243 of
“Art. 53: The rules defined by this order apply to all
production, distribution and service activities, including those which are
performed by public entities, in particular, within the scope of public service
delegation agreements.”
N.B.: Article 53 of order no. 86-1243 of
Article L113-3
All product vendors or service providers must, by
means of marking, labelling, bill-posting or by any other appropriate
procedure, inform the consumer of prices, any limitations of contractual
liability and special terms of sale, in accordance with the procedures laid
down by orders issued by the ministre chargé de l’économie, subsequent
to consultation with the Conseil national de la consommation.
This provision applies to all the activities referred
to in the last paragraph of article L.113-2.
Chapter IV: Information on delivery dates
Article L114-1
In any contract for the sale of goods or the supply of
services to a consumer, the businers must, when the delivery of the goods or
the supply of the services is not immediate and if the agreed price exceeds the
thresholds fixed by regulation, indicate the final date by which it undertakes
to deliver the goods or perform the services.
The consumer may terminate the contract for the sale
of goods or the supply of services, by recorded delivery letter should the
delivery date for supply of the goods or services be exceeded by seven days and
should this not be due to a case of "force majeure".
This contract is, if necessary, considered to have
been broken upon receipt, by the vendor or by the service provider, of the
letter in which the consumer informs the latter of its decision, if the
delivery or service provision has not taken place between the sending and the
receipt of this letter. The consumer has sixty working days from the date given
for delivery of the goods or services in which to exercise this right.
Unless stipulated otherwise in the contract, sums paid
in advance are deposits, with the effect that each of
the contracting parties may go back on their obligation, the consumer by losing
the deposit, the business by returning twice the amount of said deposit.
Chapter V: Development of products and services
Section 1 : Appellation
d’origine. Registred designation of origin
Article L115-1
An appellation d’origine
is constituted by the name of a country, of a region or of a locality
serving to designate a product which originates from there and the quality or
character of which is due to the geographical location, comprising natural and
man-made factors.
Sub-section 2: Administrative protection procedure
Article L115-2
Failing a definitive legal decision on the basic
issues in application of articles L. 115-8 to L. 115-15, a Council of State
decree may limit the geographical production area and determine the qualities
or characteristics of a product bearing an appellation d’origine on the
basis of local, honest and constant usage.
Publication of this decree poses an obstacle for the
future institution of proceedings provided for in articles L. 115-8 to L.
115-15.
Article L115-3
The decree provided for in article L. 115-2 may
prohibit from appearing on products other than those bearing an appellation
d’origine or on the packages which contain them and labels, business
stationery and invoices thereto related, any information liable to cause
confusion with regard to the origin of the products.
Article L115-4
The decree provided for in article L. 115-2 is issued
subsequent to a public inquiry involving the consultation of those professional
groups with direct involvement. A Council of State decree fixes the procedures
of this inquiry.
Article L115-5
(Act no. 98-565 of 8 July 1998 art. 4 I Journal
officiel of 9 July 1998)
The procedure for the issue of an appellation
d’origine contrôlée is defined in article L. 641-2 of the code rural,
reproduced hereinafter:
“Art. L. 641-2. – Only raw or processed agricultural
or food products may be acknowledged by an appellation d’origine contrôlée.
The provisions of article L. 115-2 to L. 115-4 and L. 115-8 to L. 115-15 of the
consumer code do not apply to them.
In accordance with the terms provided for hereinafter,
these products may receive an appellation d’origine contrôlée if they
adhere to the provisions of article L. 115-1 of the consumer code, have a duly
established reputation and are the subject of approval procedures.
The appellation d’origine contrôlée may never
be considered to be of a generic nature and fall within the public domain.
The geographical name which constitutes the appellation
d’origine or any other wording evoking said mark, may not be used for any
similar product, without prejudice to legislative or regulatory provisions in
force on 6 July 1990, nor for any other product or service where this use is
likely to detract from or debase the standing of the appellation d’origine.
The appellation d’origine contrôlée for wines
of superior quality mentioned in article L. 641-24 and those which are in force
on,
Article L115-6
(Act no. 98-565 of 8 July 1998 art. 4 I Journal
officiel of 9 July 1998)
The procedure for defining an appellation d’origine
contrôlée is fixed by article L. 641-3 of the code rural, reproduced
hereinafter:
“Art. L. 641-3. – Each appellation d’origine
contrôlée is defined by decree on the proposal of the Institut national
des appellations d’origine, without prejudice, for wines and eaux de vie,
ciders, perry, or aperitifs based on cider, perry or wine, to the provisions of
article L. 641-15.
The decree limits the geographical production area and
determines the terms for production and approval of the product”.
Article L115-7
(Act no. 96-314 of 12 April 1996 art. 61 Journal
officiel of 13 April 1996)
(Act no. 98-565 of 8 July 1998 art. 4 I Journal
officiel of 9 July 1998)
The transitional provisions relating to agricultural
and agro-alimentary appellations d’origine are defined in article L. 641-4 of
the code rural, reproduced hereinafter:
“Art. L. 641-4. - appellations
d’origine defined by legislation or regulation prior to
Prior to 1 July 2000, products whose appellation
d’origine was defined by judicial means prior to 1 July 1990, or was
acquired in application of articles 14 and 15 of the Act of 6 May 1919 relating
to the protection of appellations d’origine written prior to Act no.
90-558 of 2 July 1990 relating to appellations d’origine contrôlée for
raw or processed agricultural or food products, and for which an application
for acknowledgement by way of appellation d’origine contrôlée has been
lodged with the Institut national des appellations d’origine prior to 31
December 1996, will be given this acknowledgement, by decree, if they satisfy
the conditions fixed by article L. 641-3. As of
Caduc ?
Sub-section 3: Legal protection procedure
Article L115-8
Any entity claiming that an appellation d’origine has
been applied, to its direct or indirect prejudice and in contravention of its
right, to a natural or manufactured product, contrary to the origin of this
product, may institute proceedings to prohibit the use of this appellation.
Unions and associations that have been regularly
constituted for at least six months shall be entitled to take the same course
of action in respect of rights that they wish to defend.
On the basis of local, loyal and constant usage, the
judge may limit the geographical production area and determine the qualities or
characteristics of the product referred to in the first paragraph.
Article L115-9
The court to which a case has been referred by virtue
of article L. 115-8 may hear and determine a case inclined to prohibit the
display, in products other than those with an appellation d’origine or
on packages which contain them and labels, business stationery and related
invoices, any information likely to cause confusion over the origin of the
products.
This action is open even if the geographical area of
production has been definitively limited in application of articles L. 115-8 to
L. 115-15.
Article L115-10
The proceedings will be brought before the tribunal
de grande instance for
the place of origin of the product for which the appellation is being
contested. The claim will be exempt from preliminary conciliation proceedings
and investigated judged according to procedure on the appointed day.
Article L115-11
Within eight days of the summons, the claimant must
have published in a journal d’annonces légales in the district in which
he is domiciled and in the district of the local Court, a brief note giving
surname, first names, profession and domicile, the surname, first names and
domicile of his representative, those of the defendant and the latter’s
representative if one has been appointed, and the purpose of the claim.
Proceedings may not commence until fifteen days after
publications of the note provided for in the previous paragraph.
Article L115-12
Any person, any union and association satisfying the
conditions in respect of term and interest provided for in article L. 115-8 may
take part in the proceedings.
Article L115-13
Within eight days of notification of the appeal, the
appellant or appellants must publish the information provided for in article L.
115-11.
Proceedings may not commence before the court until
fifteen days after this information has been published.
Article L115-14
The Cour de cassation, to which an appeal has
been referred, shall be competent to assess whether or not the practices cited
for the use of an appellation d’origine have all the legal
characteristics required in this section.
The appeal shall be suspensive.
Article L115-15
Final judgements shall reach a decision in respect of
all the inhabitants and proprietors of the same region, the same commune, or,
if necessary, of a part of the same commune.
Sub-section
4: Criminal actions
Article L115-16
(Act no. 92-1336 of 16 December 1992 art. 322,
art. 329 Journal officiel of 23 December 1992 in force on 1
March 1994)
(Act no. (4-2 of 3 January 1994 art. 1 Journal
officiel of
(Act no. 99-574 of 9 July 1999 art. 85 I Journal
officiel of 10 July 1999)
Anyone who has either affixed or displayed, by means
of any addition, excision, or alteration whatsoever, on natural or manufactured
products intended for sale, of appellations d’origine that said person
knows to be inaccurate will be punishable with the penalties provided for in
article L. 213-1.
Anyone who may have used a display method leading to
believe, or of a nature likely to lead to believe, that a product has an appellation
d'origine contrôleé will be punishable with the same penalties.
The court may, on the other hand, order the posting of
the judgement in all the places designated by it and its publication, in its
entirety, or in extracts, in the journals listed by said court, all at the
expense of the convicted person.
Any one who may have knowingly sold, put on sale or
into circulation, natural or manufactured products bearing an inaccurate appellation
d’origine will be punishable by the same penalties.
Article L115-7
The persons, unions and associations referred to in
the first two paragraphs of article L. 115-8 which claim to have been damaged
by the offence provided for in article L. 115-16 may bring a civil action in
accordance with the provisions of the Code de procédure pénale.
Article L115-18
(Act no. 98-565 of 8 July 1998 art. 4 II Journal
officiel of 9 July 1998)
(Act no. 99-574 of 9 July 1999 art. 85 II Journal
officiel of 10 July 1999)
The penalties provided for in article L. 115-16 as
well as the provisions of article L. 115-17 are applicable in the event of use
of the wording prohibited by virtue of articles L. 115-3 and L. 115-9.
The penalties provided for by article L. 115-16 are
also applicable in the event of use of any wording prohibited by virtue of the
fourth paragraph of article L. 641-2 of the code rural.
The provisions of article L. 115-25 are apply to section I of this chapter.
Sub-section
5: The Institut national des appellations d’origine
Article L115-19
(Act no. 98-565 of 8 July 1998 art. 4 III Journal
officiel of 9 July 1998)
The organisation and operation of the Institut
national des appellations d’origine are defined in article L. 641-5 of the code
rural, reproduced hereinafter:
“Art. L. 641-5. – The Institut national des
appellations d’origine is a public administrative institution and a legal
entity.
It comprises:
A national committee with jurisdiction over wines,
eaux de vie, ciders, perrys, cider and aperitifs based on cider, perry or wine;
A national committee for dairy products;
A national committee for products other than those
covered by the authorities mentioned hereinabove.
These committees are made up of professional
representatives, representatives of government departments and qualified
entities for the representation, in particular, of consumers.
Each of these committees acts for the products over
which it has jurisdiction in respect of the questions mentioned in article L.
641-6.
The members of these committees meet for a plenary
session for the presentation of the budget and general policy of the institute.
A permanent committee made up of members belonging to
the same categories as those specified for the national committees and selected
from within these committees compiles the institute’s budget and determines the
general policy relating to appellations d’origine contrôlées.
Chairpersons of national committees and of the
permanent council are appointed by joint order of the ministre chargé de l’économie and
the ministre de l’agriculture. The chair of the permanent council is
appointed for two years. He is successively selected within each of the
national committees.
Organisational and operational regulations for the Institut
national des appellations d’origine are fixed by decrees issued by the
Conseil d’Etat.
Article L115-20
(Act no. 94-2 of 3 January 1994 art. 2 Journal
officiel of 4 January 1994)
(Act no. 98-565 of 8 July 1998 art. 4 III Journal
officiel of 9 July 1998)
The jurisdiction of the Institut national des
appellations d’origine is defined in article L. 641-6 of the code rural,
reproduced hereinafter:
“Art. L. 641-6. – The Institut national des appellations
d’origine has jurisdiction over all raw or processed agricultural or food
products. The provisions of articles L. 641-15 and L. 641-16 apply to all these
products.
Upon advice from the relevant defence unions, the Institut
national des appellations d’origine proposes recognition of appellations
d’origine contrôleés, which include the delimitation of the geographical
production areas and the determination of production and approval conditions
for each of these appellations d’origine contrôleés.
It gives its opinion on national provisions relating
to labelling and to the display of each of the products under its jurisdiction.
It may be consulted on any other question relating to appellations d’origine.
It contributes, in
Section 2: Labels and certification of food and agricultural products
Article L115-21
(Act no. 94-2 of 3 January 1994 art. 1 Journal
officiel of 4 January 1994)
(Act no. 98-565 of 8 July 1998 art. 4 III Journal
officiel of 9 July 1998)
Products likely to benefit from an agricultural label
or conformity certification are defined in article L. 643-1 of the code rural,
reproduced hereinafter:
“Article L. 643-1. – Foodstuffs and non-food,
unprocessed agricultural produce, may benefit from an agricultural label or be
the subject of conformity certification in accordance with the rules defined in
the specifications”.
Article L115-22
(Act no. 94-2 of 3 January 1994 art. 1 Journal
officiel of 4 January 1994)
(Act no. 98-565 of 8 July 1998 art. 4 III Journal
officiel of 9 July 1998)
The purpose of agricultural labels is defined in
article L.643-2 of the code rural, reproduced hereinafter:
“Art. L. 643-2. – Agricultural labels attest to the
fact that a foodstuff or a non-food, unprocessed agricultural product possesses
a distinct set of qualities and specific characteristics which have been fixed
beforehand in specifications and establishing a superior level of quality.
The geographical origin may only appear amongst the
specific characteristics if it is registered as a protected geographical
indication, subject to the provisions of the second paragraph of article L.
643-4.
This product must be different from similar products
of the type usually sold, in particular, in respect of its special production
or manufacturing conditions and, possibly, in respect of its geographical
origin.
Only producers or processors organised in groups,
whatever their legal form, are authorised to apply for the issued of a label”.
Article L115-23
(Act no. 94-2 of 3 January 1994 art. 1 Journal
officiel of
(Act no. 98-545 of 8 July 1998 art. 4 III Journal
officiel of 9 July 1998)
The purpose of the conformity certification is defined
in article L. 643-3 of the code rural, reproduced hereinafter:
Art. L. 643-3 – Conformity certification attests to
the fact that a foodstuff or a non-food unprocessed agricultural product conforms
to specific characteristics or rules fixed beforehand in specifications
relating, as the case may be, to the production, processing or packaging and,
if necessary, the geographical origin of the foodstuff or the product when this
origin is registered as a protected geographical indication, subject to the
provisions of the second paragraph of article L. 643-4”.
Article L115-23-1
(Act no. 94-2 of 3 January 1994 art. 1 Journal
officiel of 4 January 1994)
(Act no. 98-565 of 8 July art. 4 III Journal
officiel of 9 July 1998)
The principle of prohibiting the appearance in a label
or a conformity certification of geographical wording not registered as a
protected geographical indication is given in article 643-4 of the code
rural, reproduced hereinafter:
Art. L. 643-4. – The label or conformity certification
may not include geographical wording unless the latter has been registered as a
protected geographical indication.
If, however, the local authority has requested the
registration of this geographical wording as a protected geographical
indication, the label or conformity certification may include this wording,
included in the specific characteristics, until the date of the decision
relating to its registration.
The prohibition mentioned in the first paragraph does
not apply when the name which incorporates this wording is generic or
designates a product benefiting from an certificate of
special character.
Agricultural products or foodstuffs benefiting, prior
to
Article L115-23-2
(Act no. 94-2 of 3 January 1994 art. 1 Journal
officiel of 4 January 1994)
(Act no. 98-565 of 8 July art. 4 III Journal
officiel of 9 July 1998)
The procedure for issuing agricultural labels and
conformity certificates is defined in article L. 643-5 of the code rural,
reproduced hereinafter:
“Art. L. 643-5. – Agricultural labels and conformity
certificates are issued by certifying bodies approved by the administrative
authority.
Certifying bodies must offer guarantees of
impartiality and independence and must not, in particular, be producers,
manufacturers, importers or vendors of product of the same kind and must prove
their competence and the efficacy of their controls.
Approval can only be given upon verification of these
conditions and of the capacity of the body to provide quality controls for
products which have labels or conformity certificates”.
Article L115-23-3
(Act no. 94-2 of 3 January 1994 art. 1 Journal
officiel of 4 January 1994)
(Act no. 98-565 of 8 July 1998 art. 4 III Journal
officiel of 9 July 1998)
The purpose of interdepartmental approval of
agricultural labels and conformity certificates is defined in article L. 643-6
of the code rural, reproduced hereinafter:
“Art. L. 643-6. – Agricultural labels may only be used
if they have been the subject of approval by interdepartmental order.
Likewise for conformity certificates attesting to the
geographical origin..”
Article L115-23-4
(Act no. 94-2 of 3 January 1994 art. 1 Journal
officiel of 4 January 1994)
(Act no. 98-565 of 8 July 1998 art. 4 III Journal
officiel of 9 July 1998)
Procedures for applying provisions relating to
agricultural labels and conformity certificates are referred to decrees issued
by the Conseil d’Etat as provided for by article L. 643-7 of the code
rural, reproduced hereinafter:
“Art. L. 643-7. – Decrees issued by the Conseil
d’Etat specify, as appropriate, the procedures for applying articles L.
643-2 to L. 643-6 and, in particular, the conditions to be met by
specifications, their examination and, if necessary, approval procedures,
characteristics of certifying bodies, their operating procedures and the terms
of their approval etc.”.
Article L115-24
(Act no. 98-565 of 8 July 1998 art. 4 III Journal
officiel of 9 July 1998)
The penalties provided for in article L. 213-1 shall
apply to anyone who may have:
Fraudulently used or attempted to use an agricultural
label or certificate;
Issued, used or attempted to use an agricultural label
which has not been approved;
Provided certification without satisfying the
conditions provided for in articles L. 643-3 to L. 643-7 of the code rural;
Used a mode of presentation leading to believe, or of
a nature to lead to believe, that a product has an agricultural label or
certification;
Led to believe or attempted to lead to believe that a
product with an agricultural label is guaranteed by the Government or by a
public body.
Article L115-25
(Act no. 98-565 of 8 July 1998 art. 4 III Journal
officiel of 9 July 1998)
(Act no. 2001-6 of 4 January 2001 art. 18 III Journal
officiel of
The provisions of chapters II to VI of part I of
volume II of this code, relating to the research and recording of breaches are
applicable to the prescriptions of part IV of volume VI of the code rural
and L. 115-24 of this code and the texts issued for their application.
Article L115-26
(Act no. 98-565 of 8 July 1998 art. 4 IV Journal
officiel of 9 July 1998)
Bans on the use of agricultural labels and conformity
certificates for products which have an appellation d’origine or for
certain wines are defined in article L. 643-8 of the code rural,
reproduced hereinafter:
“Art. L. 643-8. – Agricultural labels and conformity
certificates may not be used for products with an appellation d’origine,
les vins délimités de qualité supérieure and table wines.
Section 3: Protected designations of origin, protected geographical
indications and certificates
of specific character
Article L115-26-1
(Act no. 94-2 of 3 January 1994 art. 4 Journal
officiel of 4 January 1994)
(Act no. 98-565 of 8 July 1998 art. 4 VI Journal
officiel of 9 July 1998)
The protected designation of origin or protected
geographical indication and certificate of specific character are defined in
article L. 642-1 of the code rural, reproduced hereinafter:
“Art. L.642-1. – A protected designation of origin or a protected geographical indication are constituted by the name listed in the register of protected designations of origin and protected geographical indications kept by the Commission of the European Communities.