Section 2: Commissions attached to the National Consumer Institute

The Commission des clauses abusives (Unfair Contract Terms Commission), which reports to the Minister for Consumer Affairs, deals with model agreements usually offered by professionals to their consumer or non-professional contractors. It is responsible for investigating whether these documents contain clauses that could be unfair.

The Commission des clauses abusives may be referred to it either by the Minister responsible for consumer affairs, or by approved consumer protection associations, or by the professionals concerned.It may also refer matters to itself.

The commission recommends deleting or amending clauses that are unfair.

The commission mentioned in article L. 822-4 ensures the dissemination of information, opinions and recommendations that it deems necessary to bring to the attention of the public. The information, notices and recommendations it disseminates may not contain any information that would enable individual situations to be identified.

The commission mentioned in article L. 822-4 may obtain any information or consult on site any documents that it considers useful for carrying out its duties, without being able to oppose the articles 226-13 and 226-14 of the Penal Code or article L. 1227-1 of the Labour Code. The Chairman of the Commission may, by reasoned decision, summon or have summoned by the members of the Commission or by agents…

The members and staff of the commission mentioned in article L. 822-4 are bound by professional secrecy with regard to facts, acts and information of which they may have become aware by reason of their duties, under the conditions and subject to the penalties provided for in article 226-13 of the French Criminal Code or in the article L. 621-1 of the Intellectual Property Code in the event of disclosure…