Proposition 50K0164

Proposition de loi modifiant la loi du 14 juillet 1991 sur les pratiques du commerce et sur l'information et la protection du consommateur en vue de réglementer l'usage de la dénomination "magasin d'usine".

General information ¶

Author

MR Richard Fournaux

Submission date

Oct. 14, 1999

Official page

Visit

Status

Rejected

Requirement

Simple

Subjects

consumer protection

Voting ¶

Voted to adopt

CD&V LE N-VA FN VB

Voted to reject

Groen Ecolo PS | SP Open Vld MR

Party dissidents ¶

• Alfons Borginon (Open Vld) voted to adopt.
• Richard Fournaux (MR) voted to adopt.
• Luc Goutry (CD&V) abstained from voting.

Contact form ¶

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Discussion ¶

Jan. 10, 2001 | Plenary session (Chamber of representatives)

Full source

Mr. Speaker, Mr. Minister, dear colleagues, about two years ago during the previous legislature, we had already submitted the text of a bill. We were responded at the time that there was no need to legislate further in this area since, on the basis of jurisprudence and by applying existing laws, the Minister of Economic Affairs already had the possibility to repress any attempts to fraud with regard to the designation “factory store”. Reassured by the explanations given by the Minister of Economic Affairs of the time, Mr. Di Rupo, we abandoned the deposit of this bill.

If today we re-depose a text that received the support of a majority of the members of the commission, it is because many municipal representatives, both of the majority and of the opposition, who attended the meeting of the commission testified that in their communes, in their respective regions, they found obvious intentions to deviate the spirit of the original law regarding the name “factory store”.

In short, a “factory store” is a manufacturer who decides, at any time of the year and not necessarily in the period of sales, to liquidate a faulty or no longer fashionable production or in any case which is no longer the subject of a traditional sale by retailers or through the usual supply chain to customers.

Thus, a factory store is open only a few months in the year and allows potential buyers to obtain a commodity that they no longer find in the normal distribution circuit.

Today, however, we find that this designation “factory store” has been completely deviated from its purpose and we witness the realization of certain investments that present themselves as factory stores while in fact it is intermediaries who try to collate with different merchants certain products by explaining that they are the intermediaries of the manufacturers.

This situation naturally leads to a deviation of the spirit of the law. Moreover, it is the organization of unfair competition in commercial activity and this practice is sometimes presented as a redynamisation of economic activity, or even of some city hearts as was the case in Verviers even recently.

Certainly, the law clearly states that this type of abuse is prohibited. The evidence is that recently a court in Ghent, I believe, ordered the closure of one of these establishments. However, it must be acknowledged that this depends on the filing of a complaint or the activity of the local authorities, which may, in some cases, not endorse such practices or, sometimes, simply endorse them.

In Verviers, for example, an important debate took place in the municipal council on whether or not to accept the investment while it was not faithful to the spirit of the law.

What are they doing to circumvent the law? They don’t give the case the name “factory store” but use other names, English for example as “outlet mall center” or even other denominations to try to bypass the law.

The purpose of the filing of this bill is to reaffirm the principle initially envisaged and to extend the concept of "factory store" to all the stores that use the same distribution system and who could find another more sharp name to deviate the law.

Beyond the very principle contained in our bill, which, I recall, was supported by a majority of the members of the committee, we believe that in an economic system such as ours, we still need a regulation of economic activity.

We still have to regulate economic activity and we must not allow it to function according to the laws of the market, supply and demand alone. This total deregulation is likely to condemn smaller merchants and small ⁇ a little more. by

We are all here increasingly concerned about the lack of commercial dynamism, or even insecurity, etc. in the heart of our cities. We are looking for every way to revitalize the heart of our cities.

Maintaining some regulation in the game of supply and demand and commercial distribution by avoiding abuses such as those I denounce here, and which we try to correct through this bill, also aims to make the competitive game tolerable for all and especially the smallest.

Mr. President, Mr. Fournaux, these questions, I think, also concern the “second hand.” Does your proposal also address this problem?

and no. In the bill, we simply mentioned the problem of factory stores. Why are we content to address this problem? Is it easy to legislate? In addition, there was a certain urgency. Indeed, we were able to find that there was some inflation in the number of requests for opening this type of store across the country.

by Mr. The Minister answered very correctly that the general philosophy of our bill was praiseworthy and deserved to be supported, even if it was ultimately not necessary because, under the terms of the law, it is already possible to reprimand the opening of these stores.

I repeat that, despite this and despite the checks carried out, we find that there are still today requests to open this type of stores and that some municipal authorities somehow fall into the trap by supporting such initiatives because they believe that this can help to dynamize their region economically.

We ask that the legislator solemnly and clearly reaffirm the maintenance of a certain form of regulation and the prohibition of this type of stores that cheat with the spirit of the law.

Mr. Speaker, I would like to read the note written by Mr. Speaker. and picket. "I share the concern of the author of the proposal. The relationship between sellers and consumers must be clear and truthful. Fraud cannot be tolerated.

The current law, and in particular Article 23, 3° of the Law on Commercial Practices, which prohibits any advertising that contains statements, prohibitions or representations that may mislead on the identity or qualities of the seller of a product or services, meets adequately the purpose of the proposal.

This disposition has been actively controlled by the services of the Economic Inspection. It is also the subject of a very clear jurisprudence. Ainsi, la cour d'appel de Gand (arrêt du 3 novembre 1999) dispose that "the announcement of a sale under the name of direct sale of factory (vente directe d'usine) by a wholesaler who has the goods in consignation of the manufacturer is misleading in that the ownership of the manufacturer on the wholesaler for the sale of the customer so that there is no direct contractual relationship between the manufacturer and the customer."

The arrangement of this judgment fully adheres to the proposal discussed. The current regulation seems to me sufficient, therefore it would be unnecessary and over-abundant to change the law on trade practices.”

My colleague further adds: “I will, of course, remain very vigilant about its implementation. I believe, therefore, dear colleagues, that the bill of Mr. There is no reason to be voted for.”

This means clearly that the government requests the rejection of the proposal.

Mr. Speaker, the argument of Minister Picqué, as read by Minister Verwilghen, convinced me completely. We will vote against this bill.

I would like to say to the Minister and Mr. Coveliers that yesterday, I was in Hannut, invited by local authorities who, you may know, are not Christian social but liberal. In front of the city hotel in this municipality, there is an optics doctor. The latter attached on its façade a sign stating that it is a factory store.

Although the Minister has said, by the kiss of his beloved colleague, that the regulation exists and that he will ensure that it is respected, closing the eyes on this type of practice arranges some municipal authorities.

General discussion is closed. The general discussion is closed.