Report by the Ombudsman 2024

The fundamental rights

of natural gas and electricity

consumers

In France, energy consumers enjoy considerable rights.

These rights are def ined by consumer protection rules as

well as those set out in the French Civil Code.

These rules are def ined by the French Consumer Code in

Articles L. 224-1 to L. 224-16 of the French Consumer Code.

They mainly concern natural gas and electricity consumers

(with individual meters). The French Consumer Code also

sets out specif ic rules for liquef ied petroleum gas.

In addition to these specif ic rules, there are rules that apply

to all consumers of goods or services, particularly in terms

of pre-contractual information (Articles L. 111-1 to L. 111-8

of the French Consumer Code) and the formation and per-

formance of contracts (Articles L. 211-1 to L. 253-2 of the

French Consumer Code).

In addition to these regulations, there are also general pro-

visions def ined by the French Civil Code for all contracts

(consumer, non-consumer, between private individuals,

etc.), which aim to def ine the rules applicable prior to sign-

ing contracts (pre-contractual information), the rules for

the validity and performance of contracts and those appli-

cable in the event of poor performance of the contract.

1. The f irst group of consumer protection rules concerns

obligations prior to conclusion of the energy purchase

contract.

This covers the so-called “pre-contractual” information

that professionals must provide to their future customer so

that said customer enters into the contract with full knowl-

edge of the facts:

In addition to the general duty to provide pre-contractu-

al information (Article 1112-1 of the French Civil Code), the

energy supplier must comply with Article L. 111-1 of the

French Consumer Code and Articles L. 224-3 to L. 224-5

of the French Consumer Code.

2. The second group of consumer protection rules

concerns the formation of the energy purchase contract.

In addition to the general rules (Articles 1112 to 1187 of the

French Civil Code), the energy supplier must comply with

the specif ic rules set out in Articles L 2246 to L 2248 of

the French Consumer Code and in particular

The supplier must obtain the formal agreement of the

consumer who is only bound by their signature except

on request in the event of moving home

The supplier must of fer a contract that is in writing or

available on a durable medium

The supplier must respect the right of withdrawal provid

ed for in Articles L 22118 and L 2212 of the French Con

sumer Code

The supplier must of fer the customer the option of enter

ing into a single contract for the supply and distribution of

electricity or natural gas

3. The third group of consumer protection rules

concerns the performance of the energy purchase

contract.

In addition to the general rules (Articles 1193 to 1231-7 of the

French Civil Code), the energy supplier must comply with

the specif ic rules set out in Articles L. 224-9 to L. 224-15 of

the French Consumer Code and in particular:

The supplier must give consumers the right to access their

consumption data free of charge (if they are equipped

with an energy meter that can be read remotely).

Electricity or natural gas suppliers must invoice their cus-

tomers at least once a year, based on the actual energy

consumed.

The supplier is obliged to issue their customers with bills

for the supply of electricity and natural gas, which must

contain the information required by law (in particular the

Decree of 18 April 2012).

The supplier cannot invoice customers for any consump-

tion that took place more than fourteen months prior to

the last statement or self-reading (provision under the

Energy Transition Law or “LTE”).

If a supplier wants to modify a contract at the end of the

f ixed contractual period (and not before), it must follow

the procedure provided for by Law under Article L. 224-10

of the French Consumer Code (draft amendment sent to

the consumer by post or, at the consumer's request, by

electronic means, at least one month before the planned

date of application and indicating the option to terminate

the contract without penalty).

The customer has a statutory right to freely change sup-

plier: they are free to terminate their contract at any time,

without charge or penalty, even in the case of a f ixed term

contract.

The applicable rules are represented in this diagram:

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French Civil Code

Contract Law

French

Consumer Code

Precontractual information

Formation and performance of contracts

French

Consumer Code

Electricity or gas

supply contracts