Consumer right of withdrawal for distance sales of motor vehicles: Recent French Case Law Development

The French Supreme Court (Cour de Cassation) has reinforced consumer protection in online car sales with a key ruling on 17 September 2025. In this decision (Cass. civ. 1, n° 23-16.524), the French Supreme Court ruled that the 14-day right of withdrawal under Article L. 221-18 of the French Consumer Code applies to new vehicles purchased online from car sellers, even if the car was configured to the buyer's preferences.

Case background and court ruling

An online car buyer paid a €5,000 deposit for a new vehicle through a broker and attempted to withdraw from the contract shortly after delivery. The trader refused, claiming the car was personalized to the buyer's specifications and therefore exempt from the withdrawal right under Article L. 221-28. The lower court initially sided with the seller, agreeing that the car was bespoke because the broker had ordered it specifically for the customer, based on their chosen model, engine, color, and options.

The French Supreme Court overturned the decision and ruled that a vehicle configured with options chosen from a set of standard options offered by the manufacturer is not a ‘clearly personalized’ good that would negate the buyer’s withdrawal right. The Court considered that a product is only truly bespoke if it has been modified in such a unique way that the seller cannot realistically sell it to someone else. 

In an earlier ruling in the automotive sector from 2013, the French Supreme Court ruled that registering a vehicle in the buyer’s name is not enough to count as “clearly personalized” and that this should not prevent the buyer from exercising their rights of withdrawal.  The ruling from 17 September 2025 goes further: while a registration in the buyer’s name is an administrative step that does not seem to block the sale of the vehicle to other consumers, the solution seems less obvious when it comes to personalizing a vehicle with technical specifications. Indeed, while the choice of factory specifications is offered to all consumers, the combination of several features and specifications makes selling to other consumers much more difficult.

This decision aligns with the consumer-friendly approach taken across the EU. Courts and regulators in certain other member states also interpret the custom-made goods exception narrowly, focusing on whether the item can be sold to someone else. 

Practical Implications

The ruling has important implications for car manufacturers and car dealers operating online or through distance selling channels: it is no longer possible to rely on standard factory specifications or configurations as grounds for refusing a withdrawal request. Contractual clauses purporting to exclude or limit withdrawal rights for vehicles with standard factory options are likely to be unenforceable. Traders should therefore ensure that their terms and processes align with legal requirements in relation to consumers’ withdrawal rights.