Question 18070 — consumption

Summary

Ms. Stéphanie Kerbarh draws the attention of the Secretary of State, to the Minister of State, Minister of Ecological and Inclusive Transition, to the contractual value of the repairability index. The circular economy roadmap presented on April 23, 2018 provides for the display of simple information on their repairability for electrical and electronic equipment. This index must be affixed to the equipment electrical, electronic and household appliances from January 1, 2020. In view of article 1133 of the civil code providing that "the essential qualities of the service are those which have been expressly or tacitly agreed and in consideration of which the parties have contracted", given that on the one hand, "any inscription, form or image, intended to inform the public or to attract its attention [...] is assimilated to advertisements" under Article L. 581-3 of the Environmental Code, and that the reparability index is intended to inform consumers' choice and direct them towards more repairable products, and that on the other hand, under the terms of the judgment rendered by the first civil chamber of the Court of Cassation on May 6, 2010 No. 08-14.461, "advertising documents can have contractual value as long as they are sufficiently precise and detailed, they had an influence on the consent of the co-contractor", she asks whether the consumer will be able to hold the marketer liable in the event of incorrect information on the repairability index.

Machine translation from French. The official text remains authoritative.

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