Consumption
The exclusion of credit contracts without interest and without other charges from Directive 2008/48/EC
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Article 2(2)(f) of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on consumer credit contracts and repealing Council Directive 87/102/EEC , must be interpreted in the sense that, subject to cases in which the lender anticipates, from the conclusion of the credit contract, the non-performance by the consumer of the payment obligation in order to seek an economic advantage, the default interest and the extrajudicial recovery costs for which a consumer is liable in the event of delay or non-performance of the payment obligation incumbent on him under a credit contract do not fall within the concepts of “interest” and “other costs”, within the meaning of this provision, and this independently, in principle, of the fact that these interests and other costs are of legal or conventional origin as well as the fact that, where applicable, said interests and other costs of conventional origin are higher than what would be due under the law. (CJUE 17 oct. 2024, aff. C-409/23)
Contracts
Business contract: scope of the assignment by the main contractor of receivables corresponding to the subcontracted work
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It follows from article 13-1 of law no. 75-1334 of December 31, 1975 that if the bond does not cover the work subsequently entrusted to the subcontractor by the conclusion of other contracts, the assignment by the contractor principal debt corresponding to the subcontracted work is unenforceable against the subcontractor and the subrogated security only within the limit of the work for which payment has not been guaranteed. The project owner can therefore only claim such non-enforceability up to the sums corresponding to the amount of the unguaranteed subcontracted work. (Civ. 3e, Oct. 17, 2024, n° 23-11.682, FS-B)
The presumption of fault and causal link in matters of garage owner liability
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It results from articles 1147, in its wording prior to that resulting from ordinance no. 2016-131 of February 10, 2016, and 1315, now 1353, of…
