Strikethrough prices in France: the lowest price of the last 30 days rule

What the rule says

Any announcement of a price reduction states the prior price applied by the trader before the reduction. This prior price is the lowest price applied to all consumers during the last thirty days before the reduction was applied. C. conso L. 112-1-1 The references “C. conso” in this guide are to the French Consumer Code (Code de la consommation).

You remain free to choose the format: an amount (-€10), a percentage (-10%) or a strikethrough price, according to the information sheet of the DGCCRF (the French consumer protection authority). However, the Court of Justice of the European Union (CJEU) has ruled that a reduction announced as a percentage, or through a promotional statement that highlights how advantageous the price is, must be calculated on the basis of the prior price. CJEU, 26/09/2024, C-330/23

The European Commission specifies that this lowest price includes the reduced prices of an earlier promotion during the period. It also covers announcements without a figure, such as “special offers” or “Black Friday offers”, which give the impression of a reduction. Guidance 2021/C 526/02, § 1.1 and 2.1

A worked example

A jumper sells for €49.00. It was on promotion at €39.00 for five days, then went back to €49.00. Two weeks later, you want to launch a new promotion.

On day 30, displaying “€49.00 €39.20, -20%” would be misleading: €39.20 is not a reduction compared with €39.00. To announce a reduction, the strikethrough price must be €39.00 and the percentage calculated on that amount.

Special cases

• Successive reductions. If you increase the reduction during a set period (-10%, then -20%, then -30%), the prior price remains the one applied before the first reduction. C. conso L. 112-1-1, I The Commission reads this exception strictly: no interruption, and no raising of the price between two steps. Separate promotions within the month (Black Friday then Cyber Monday) follow the general rule. Guidance 2021/C 526/02, § 4.3
• Perishable products. The rule does not apply to announcements concerning perishable products liable to deteriorate rapidly. C. conso L. 112-1-1, I
• Products on sale for less than 30 days. The directive allowed Member States to provide for a shorter period. Dir. 98/6/EC, Art. 6a(4) Article L. 112-1-1 does not take up this option: the prior price remains the lowest applied over the period. A low “launch price” that is then increased therefore becomes the reference for a reduction announced within thirty days.
• Comparison with other sellers. The rule does not cover comparing your prices with those of other traders. C. conso L. 112-1-1, II In that case, the DGCCRF asks you to state clearly that it is a comparison, and the nature of the price compared (manufacturer's recommended price, price usually observed, etc.).
• Promo codes and loyalty. According to the Commission, a code open to everyone (“-20% today with code XYZ”) is a price reduction announcement. A long-term loyalty programme or a genuinely personal discount is not. Guidance 2021/C 526/02, § 2.3

General announcements, Black Friday and “soldes”

A “-20% on everything” banner does not itself have to show the prior price. However, each product concerned must display it in the price area of its product page. An “up to -70%” announcement when only a few items reach that rate may be an unfair practice. Guidance 2021/C 526/02, § 2.2 and 3

The word “soldes” (the French term for the official seasonal sales) is reserved for the two legal sales periods, whose dates also apply to online sites. It only covers products offered for sale for at least one month, and using it outside those periods is punishable by a fine of €15,000 for a sole trader and €75,000 for a company. Service-Public, the French government's information site, cites “ventes privées” (private sales) and “black friday” as permitted names for promotions. Service-Public Entreprendre, F24037

Display examples

Penalties

The French Consumer Code expressly lists “price reductions within the meaning of I of Article L. 112-1-1” among the elements of a misleading commercial practice. C. conso L. 121-2, 2° c This offence (délit) is punishable by two years' imprisonment and a €300,000 fine. The fine can be raised to 10% of average annual turnover or to 50% of the expenses incurred for the practice. The penalties increase to five years and €750,000 when the offence is committed through an online public communication service. C. conso L. 132-2

For a company, the maximum fine is multiplied by five under the French Criminal Code (Code pénal). C. conso L. 132-3 · C. pén. 131-38 The court also orders the decision to be published. C. conso L. 132-4

Your action list

1. Keep a daily history of your prices per product and per sales channel, so that you can justify every strikethrough price in the event of an inspection.
2. Fill the strikethrough price field of your CMS (Shopify, WooCommerce, PrestaShop) from this history, not from a price entered by hand.
3. Calculate every percentage from the lowest price of the last thirty days, earlier promotions included.
4. Before Black Friday and the festive season, check the promotions of the past month: they change the reference price.
5. Visually distinguish a comparison (recommended price) from a reduction.
6. Keep the word “soldes” for the legal sales periods.
7. For a specific case (marketplace, variable prices, seasonal products, subscriptions), have your method validated by a lawyer.

Find the other obligations for online shops in all our guides.