FRANCE Law and Practice Contributed by: Diane Bandon-Tourret and Agathe Clarac, LexCase
The seller is not liable for apparent defects of which the buyer has been able to convince themselves. They are liable for hidden defects, even if they did not know about them, unless they stipulated that they will not be obliged to provide any guar - antee. If the seller was aware of the defects, they are liable to the buyer for all damages in addition to restitution of the price received. On the other hand, if the seller was unaware of the defects, they will only be obliged to refund the price and reimburse the buyer for the costs incurred by the sale. Criminal Law In addition, common law offences may be estab - lished, in particular those relating to uninten - tional harm to the human body, administration of harmful substances, endangering others and failure to assist a person in danger. There are also offences under criminal consumer law, including misleading commercial practices (Article L. 132-2 of the Consumer Code – a two- year prison sentence and a EUR300,000 fine, 10% of average annual turnover, or 50% of the expenditure incurred in carrying out the advertis - ing or practice constituting the offence). The offence of deception may also be consti - tuted. Deception is defined as the act by any person, whether a party to the contract or not, of deceiving or attempting to deceive the contract - ing party, by any means or process whatsoever, even through the intermediary of a third party: • either as to the nature, species, origin, sub - stantial qualities, composition or content in useful principles of any goods;
• on the quantity of the goods delivered or on their identity by the delivery of goods other than the specific goods which were the sub - ject of the contract; or • on the suitability for use, the risks inherent in the use of the product, the tests carried out, the instructions for use or the precautions to be taken. Deception, or attempted deception, is punish - able by two years’ imprisonment and a fine of EUR300,000 (Article L. 454-1 of the Consumer Code), which may be increased to EUR750,000 and seven years’ imprisonment. 2.2 Standing to Bring Product Liability Claims Product Liability Any claimant is entitled to bring an action if they meet the conditions of law and if they are seek - ing compensation for damage to the goods of more than EUR500 or damages resulting from an injury to the person. Tort Law The tort action is open to all claimants or their beneficiaries who meet the conditions of law. Recent developments in case law have clari - fied the conditions for compensation for anx - iety-related damages in tort liability cases. In three rulings, dated 18 December 2024, (No 24-14.750 to No 24-14.755) the Court of Cas - sation redefined the notion of anxiety damage as “anxiety stemming from exposure to a significant risk of developing a serious illness.” The Court also reaffirmed that it is up to the claimant to prove actual exposure to a toxic substance that poses such a high risk. Ultimately, it is for the trial judges to evaluate the evidence submitted. This approach maintains a broad definition of
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