As outlined in relation to PQ No. 13952/21 on French leaseback properties, one of the primary functions of the Competition and Consumer Protection Commission (‘CCPC’) is to enforce consumer protection law in Ireland. For cross border consumer protection issues, the CCPC is part of the European Consumer Protection Co-operation (CPC) Network, which is comprised of national authorities responsible for enforcing EU consumer protection laws. This network protects consumers when conducting transactions across national borders, and allows consumer protection agencies to co-operate to resolve particular consumer issues. The CPC Network is central to addressing this matter, which involved the purchase by consumers of properties in France. These properties were developed, marketed, sold and managed by French traders under a French ‘Residence de Tourisme’ scheme devised by the French Government to provide tourist accommodation in France. Under the European CPC network, the appropriate authorities to conduct an investigation in relation to this matter are the French consumer protection authorities – Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (‘DGCCRF’).
When Irish persons who purchased property as part of this scheme first contacted the CCPC in 2017, they recognised the fact that the consumer protection mechanisms put in place through the CPC Network were the appropriate channel to effectively progress the matter. On this basis, the CCPC engaged with the DGCCRF with respect to the issues highlighted by Irish property purchasers. Over 2017 and 2018 the CCPC conducted and provided to the DGCCRF an initial preliminary assessment of over 150 Irish complainants and the issues raised by them. Following a request from the DGCCRF investigation service, the CCPC sought the transactional documentation of over 150 Irish property purchasers. This transactional documentation was collated by the CCPC and provided to the DGCCRF in 2019. In January 2020, the CCPC was able to advise complainants that the DGCCRF had commenced a criminal investigation. In April 2020, the CCPC was advised that due to COVID-19 the DGCCRF investigation had been disrupted and that this had delayed progress on the matter. The CCPC has dedicated a considerable amount of resources in order to progress this work in a timely fashion, in order to support complainants and ensure that all pertinent information was provided to DGCCRF.
The CCPC has provided and continues to provide significant time and resources to this matter and to supporting the DGCCRF investigation. They receive regular contact from complainants in relation to the matter and the CCPC has endeavoured to provide whatever information and support that is within their remit. In addition, throughout the period of engagement with the DGCCRF, whenever issues have been raised by Irish property purchasers, the CCPC has passed these on to DGCCRF and taken whatever additional steps requested by DGCCRF.
As outlined in the response to PQ No. 13952/21, in order to protect the integrity of the investigation and comply with relevant French criminal procedural codes, DGCCRF requested that the CCPC does not comment or communicate on the investigation other than the updates which have been provided. The CCPC has strictly adhered to this request. However, CCPC has continued to engage with them and to seek updates on progress. Should DGCCRF provide any update that can be passed on to complainants, the CCPC will action that as quickly as possible and ensure that all of the complainants are informed. The CCPC’s priority in relation to this matter is to continue to support the DGCCRF investigation and to ensure that they comply with the legal procedural requirements of the French criminal investigation process.
