The texts published are drafted in their original language and are not subject to any translation.

In 1988, the action for the cessation of unlawful practices was adopted in France (Law No. 88-14 of 5 January 1988 relating to legal actions brought by accredited consumer associations and to consumer information, codified in Articles L. 421-2 and L. 421-6 of the Consumer Code), and its scope was subsequently extended (Ordinance No. 2001-741 of 23 August 2001, notably transposing Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers’ interests), in order to allow its exercise by entities registered on a list published in the Official Journal of the European Union (OJEU). It may be brought before the criminal courts or before the civil courts (Consumer Code, Articles L. 621-2 and L. 621-7), although its applicability before the commercial courts remains debated.

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“Cessation” refers not only to injunctions to refrain from certain conduct, but also to orders to take the necessary measures to bring such conduct to an end. The practices in question may constitute a criminal offence, but this is not required (Civ. 1st, 25 March 2010, No. 09-12.678). It follows that this action has, in particular, a preventive function capable of averting future harm, as illustrated by cases in which it was used (e.g., “miracle” products, “mad cow” disease).

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This action may be brought both where a criminal offence exists and where it does not (Consumer Code, Article L. 621-7).