The Paris commercial court ruled: Free did not lie in its advertisements for its 5G network. This decision, rendered on May 15, 2024, is a scathing setback for Orange, which had taken its rival to court in 2021 for deceptive commercial practices and unfair competition.
The subject of the disagreement concerned Free’s communication around its 5G network, which Orange considered misleading because it did not mention the speeds associated with each frequency band used. Indeed, Free favors territorial coverage by massively deploying 5G on the 700 MHz band, to the detriment of speed. A strategy fully assumed by the operator, which highlights “ the largest 5G network in France » with coverage of 94% of the population, compared to around 60% for Orange.
The court validates Free’s approach: no deception on ” the substantial qualities of the network »
On May 15, the Paris commercial court ruled that Free’s communication was not misleading. Thus, the lack of precision on the flow rates of the frequencies used “ does not constitute a deception regarding the substantial qualities of its network and the expected qualities, since it is not disputed that Free’s network complies with the 5G standard ”, as reported by The gallery.
Consequently, Orange plans to appeal, judging that the absence of information on speeds inevitably misleads consumers. As a reminder, Free simply indicates that “ the theoretical maximum flow » of its 5G package will “ up to three times the speeds of Free 4G “. The historic operator therefore maintains its position: Free’s communication is misleading and does not allow consumers to make an informed choice.
Orange rejected, but determined to appeal
As a reminder, Orange took Free to court on February 23, 2021. This court decision is therefore an important victory for Free, which consolidates its leading position in the 5G market in France. Orange was also ordered to pay 150,000 euros to Free for legal costs, a minimal sum considering the stakes of this trial.
It now remains to be seen whether Orange will manage to reverse the situation on appeal. In the meantime, if Free can savor this victory and continue to deploy its 5G network across France, we should note, however, that it is the only operator not to communicate on the maximum theoretical speeds of its 5G package.
Source : The gallery
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