The e-commerce platform, which sells many counterfeits, had been sanctioned at the end of 2021. It will remain kept away from the application stores and the results of search engines.
The Constitutional Council confirmed , Friday October 21 , the merits of severe sanctions taken by the French authorities against Wish at the end of 2021: the e-commerce site at attractive prices remains excluded from application stores from Google and Apple as well as search engines. Wish had attempted a first appeal before the Paris administrative court, who s’ is sold by a failure , before laying in July a priority question of constitutionality (QPC) based on freedom of expression and freedom to undertake. It is on this QPC that Constitutional Council has just spoken.
The State had chosen to sanction Wish following an investigation by the Directorate General for Competition, Consumption and the Repression of Frauds (DGCCRF), Made public in 2020 , which denounced the high proportion of counterfeits in the shelving of the site. In particular, there were articles “presenting logos and distinctive signs that are similar to those of notorious registered trademarks” and 90 % of the electrical devices analyzed were considered dangerous, as 62 % of costume jewelry, and 45 % of toys.
The site remains accessible
After notifying the platform the illicit character of these articles, the DGCCRF noted that once removed these products often reappeared under another name. She has summoned Wish to comply then then considered that he had not received a “satisfactory response”, paving the way for sanctions in November 2021. Excluded from application stores and dereferenced, the merchant site remains accessible on the territory French when you type your address in full in an internet browser.
wish is aware of the elements reproached for him, as shown in a Introduction file on the stock market filed by the platform at the end of 2020, in which the risks associated with its sector of activity are described:” Our brand could suffer if Our merchants use non -ethical or illegal practices, such as the sale of fraudulent or counterfeit products. “
The American company, located in San Francisco and now listed at Wall Street , in 2020, in the eighth place in the top 15 most frequented merchants in France, according to the e-commerce and distance sale federation. “It no longer appears in our top 20,” said the world a spokesperson for the e-commerce and distance sale federation (Fevad), “but its fall started before the measurements at the end of 2021, “he said.