Object of the decision
The Nanterre Court ordered ISOLATION DE L’HABITAT FRANÇAIS, a company specialising in insulation work, to pay €13,000 in damages for failing to fulfil its contractual obligation to advise customers on the compliance of the chosen product with the co-ownership regulations. GOLDWIN SOCIETE D’AVOCATS represented the interests of private individuals in this case.
In this case, ISOLATION DE L’HABITAT FRANÇAIS was accused of failing to ask its customer about the existence of regulations in the co-ownership by-laws relating to external joinery, even though, as a professional, it could not have been unaware that in the vast majority of co-ownership properties there are rules designed to preserve the harmony of a building’s facades. As a result, it caused moral prejudice to its client, who purchased electric windows and shutters that could not be installed because they did not comply.
On the basis of articles 1101, 1103, 1104, 1112-1 and 1137 of the French Civil Code, it is the responsibility of a professional seller of exterior joinery purchased by a lay co-owner to advise and inform him, in particular about the compliance of his choice with the co-ownership regulations. The court ruled that the professional seller had failed in its duty and held ISOLATION DE L’HABITAT FRANÇAIS liable under article 1130 of the Civil Code.
GOLDWIN SOCIETE D’AVOCATS specializes in contract law and property law. It has particular expertise in contractual disputes and litigation.
