CASE COMMENT : DISTRIBUTION - CONSUMER PROTECTION - ABUSIVE CLAUSES - LIST

Abusive clauses : The French Government establishes a list of abusive clauses in relations between professionals and consumers or non-professionals

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A decree of 18 March 2009, issued in application of Article 86 of the law of 4 August 2008 [1]and following the opinion of the Unfair Terms Commission, draws up an inventory of unfair terms [2]in relations between professionals and consumers or non-professionals. Unfair terms are those "likely to create a significant imbalance between the parties". The consumer is "a natural person who is acting for purposes which are outside his trade, business or profession" [3]; the non-professional is most often defined as a legal person who does not exercise a professional activity (e.g. an association) but sometimes also a professional who acts outside his normal

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Philippe Vanni, Abusive clauses : The French Government establishes a list of abusive clauses in relations between professionals and consumers or non-professionals, 18 March 2009, Concurrences N° 2-2009, Art. N° 29621, www.concurrences.com

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