Through 161 articles, the act n°2014-344, of March 17^th, 2014 (known as “loi Hamon”) introduces many changes in the French “Code de la consommation” on the one hand , but also in the French “Code de commerce” on the other hand (respectively consumer code and code of commerce).

Concerning inter-firms relations, the main impacts arise from amendements to the articles L441-6 and L442-6 of the “code de commerce”.

Especially, the payment terms are modified, and now the consequences for infringing them can be fined up to €375.000.

Furthermore, for companies selling directly to consumers (whose definition is now specified), the protection of consumers is enhanced, including:
– The creation of a new type of collective action, which can be regarded as an extension of the existing types of actions: new articles L423 -1 and followings of the consumer code, created a smarter type of “class action”, easier to deal with, for both consumers and consumer defense leagues.
– The increase of the withdrawal period for online sales.
This new law will have a significant impact on the general terms and conditions of sale, considered as the “only basis of commercial negotiation“, which should be adapted, but also on the responsibility of firms, who will have to organize their defense.