Law, jealousy or real unfair competition? The bad surprise comes to us from Belgium or electronic cigarette store, located in Tournai, decided to attack the company " The Little Vapoteur French leader in the field. Invoking unfair competition and the famous royal decree, he wants to force this economic monster to stop online sales under penalty of a penalty of 2.500 euros per day and offense.
WHEN THE VAPE INDUSTRY GETS A DIFFERENCE!
Does a French company have the right to sell e-cigarettes online that would be delivered in Belgium while a royal decree specifically prohibits this type of sale. This is the famous question of principle submitted yesterday morning to the sagacity of the judge of the cessations of the Commercial Court of Brussels.
Company LB Retail, part of the group Alter Smoke, brought an injunction against the French company The Little Vapoteur to have it condemned to stop online sales to Belgian consumers.
The battle is not trivial at all. Alter Smoke, the group to which LB retail belongs, has no less than 41 stores spread across France, Switzerland and Belgium (8 stores in Brussels, 10 in Wallonia and 4 in Flanders) while Le Petit Vapoteur is the French leader of the electronic cigarette. The question of the marketing of electronic cigarettes is regulated by 2014 European directive 40 / 3 April 2014, transposed into Belgian law by " on the manufacture and marketing of electronic cigarettes 28 October 2016.
Article 6 of this royal decree is clear: « The remote sale of electronic cigarettes and refill bottles to consumers is prohibited.« This article is based on Marie Canivet et Bruno Fonteyn, the lawyers of LB Retail, to establish their action in cessation.
A EUROPEAN LEGISLATION THAT CONTINUES TO CREATE ZIZANIE!
During the hearing, they explained at length that their client had complied with the royal decree in question and stopped selling electronic cigarettes online. Which is not the case
French companies, including Le Petit Vapoteur, which continued online sales.
The challenge, we suspect, is significant, knowing that the e-cigarette market is growing. For LB Retail's lawyers, allowing French companies the opportunity to sell online to a Belgian audience is synonymous with unfair competition. " When the royal decree was published, my client was not happy, but he complied. The law is tough, but it's the law. We were waiting for everyone to comply. But this has not been the case and it is unfair competition that is worsening day by day“, Pleaded Bruno Fonteyn.
In reality, according to LB Retail, Le Petit Vapoteur violates the royal decree on three points: it had to translate the labels of the products sold in the three national languages, it had to notify the components of the products to the FPS Public Health and it does not could sell his products online.
LE PETIT VAPOTEUR TAKES ON THE ROYAL STOP, LB RETAIL THINKS OF A "TIME-SAVING"
The French leader in the electronic cigarette, defended by Dominique Bogaert, has indicated that he will be in compliance on the first two points. In addition, Le Petit Vapoteur brought an action for suspension and annulment of the royal decree in question, an element that prompted the lawyer to ask the court to stay the proceedings. LB Retail's lawyers see it as an attempt play for time"
During the 6 months leading up to the quote, LB Retail's lawyers noted that 6,35% of the visits to the Petit Vapoteur website were made by Belgians. Knowing that the last turnover of the French company amounts to 35 million euros, the lawyers of LB Retail estimated the "Belgian part" of this turnover at 2 million. In light of the foregoing, they asked the judge to stop the online sales of the Petit Vapoteur on pain of penalty of 2.500 per day and per offense, with a ceiling of 2 million euros.
The lawyer of the French company, meanwhile, believes that his client, who does not sell actively to Belgian consumers, is not bound by Article 6 of the Royal Decree, she argued before stating that there was no evidence of injury to LB Retail.
Source : Lecho.be/
