The Court of Appeal of Versailles ruled in favor of UFC-Que Choisir, who challenged the bundling software pre-installed computers by Hewlett Packard France, said, Thursday, May 26, the Consumers' Association in a statement. In a decision dated May 5, including Agence France-Presse has obtained a copy, the court believes that the sale not Hewlett Packard France 'computers preinstalled [...] constitutes an unfair trade practice prohibited under the directive of May 11, 2005 "on unfair trade practices.
In its ruling, the court asks Hewlett Packard France 's "indicate the price of operating systems and use pre-installed on the computers it sells on its online website. It also asks the company to stop these sales "without offering the buyer the option to waive this software at a reduced price corresponding to their license." A penalty of 1500 euros per day is attached to this injunction.
The court also condemned Hewlett Packard 5000 euros in damages "for the collective harm caused" and 3,500 euros for costs. AN APPEAL TO QUASH POSSIBLE According to the UFC-Que Choisir, two reasons motivated this decision: "The absence of information on the price of software is a deceptive practice because it deprives the consumer to compare and make a choice informed, "she says.
"On the other hand, while HP offers professionals computers without preinstalled software or disabling them, he refuses to do the same on its consumer website to the detriment of consumers, which is contrary to professional diligence" adds the association. The latter, which states that this decision may appeal in cassation, the opportunity to "reminded [r] the government to its commitments on the sale of software and applying [r] legislative action to finally provide consumers the right to choose.
" In 2008, the government "promised legislative action if the professionals did not offer themselves separate information about the price of the computer and software decoupled and sale of computer and operating system" says UFC-Que Choisir.
In its ruling, the court asks Hewlett Packard France 's "indicate the price of operating systems and use pre-installed on the computers it sells on its online website. It also asks the company to stop these sales "without offering the buyer the option to waive this software at a reduced price corresponding to their license." A penalty of 1500 euros per day is attached to this injunction.
The court also condemned Hewlett Packard 5000 euros in damages "for the collective harm caused" and 3,500 euros for costs. AN APPEAL TO QUASH POSSIBLE According to the UFC-Que Choisir, two reasons motivated this decision: "The absence of information on the price of software is a deceptive practice because it deprives the consumer to compare and make a choice informed, "she says.
"On the other hand, while HP offers professionals computers without preinstalled software or disabling them, he refuses to do the same on its consumer website to the detriment of consumers, which is contrary to professional diligence" adds the association. The latter, which states that this decision may appeal in cassation, the opportunity to "reminded [r] the government to its commitments on the sale of software and applying [r] legislative action to finally provide consumers the right to choose.
" In 2008, the government "promised legislative action if the professionals did not offer themselves separate information about the price of the computer and software decoupled and sale of computer and operating system" says UFC-Que Choisir.
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