Five liters of petrol minimum!

In many service stations we can read "Minimum delivery 5 liters".

Is it ok?

Fuel pump (cc madanelu)

Fuel pump (cc madanelu)

Chapter 1. The context

Who has not already seen a mention "Minimum delivery 5 liters"On the fuel pumps?

livraisonMinimal5L If in practice, this restriction does not bother us too much (except some scooters, it seems), it is legitimate to ask us if this measure is legal?

Chapter 2. The prohibition of tied selling

Section 2.1. The principle

TheArticle L122-1 of the Consumer Code has:

It's forbidden to deny a consumer the sale of a product or the provision of a service, except for a legitimate reason, and to subordinate the sale of a product to the purchase of an imposed quantity or the concurrent purchase of another product or service and to make the provision of a service subject to that of another service or the purchase of a product where such unfair commercial practice within the meaning of Article L. 120-1.

This article applies to the activities mentioned inArticle L113-2 of the Consumer Code, that is, in particular, to all production, distribution and service activities.

Section 2.2. Is there a waiver for gasoline sales?

To my knowledge, there are no exemptions for service stations!

Therefore, the fact of making the purchase of gasoline to a predetermined quantity seems very abusive.

Section 2.3. "Except for legitimate reasons"?

It is possible to read on the Internet that the prohibition mentioned above (ie the subordination of the sale to an imposed quantity) could be limited in the event of a "legitimate reason” .

In fact, I think this is wrong (and the Court of Appeal of Versailles seems to go in the same direction, Court of Appeal of Versailles, January 30, 2014, file no.13 / 00036).

Indeed, the position of the phrase "except legitimate reason" of the'Article L122-1 of the Consumer Code is located before the conjunction "and"And thus seems to apply only to the refusal of sale.

Section 2.4. Sanction

TheArticle R121-13 of the Consumer Code 2 °, makes the refusal of sale (or conditional subordination) a contravention punishable by a fine of 5th class, that is to say a maximum of 1 500 euros (3 000 euros in case of recidivism ) (Article 131-13 of the Penal Code). 

6 Comments:

  1. The "guns" (actually called "Road Measuring Package - EMR") are checked every year and the small green sticker next to each EMR attests to it. This control is carried out by Approved Organizations (OA) by the Ministry of Industry. The agents of the DIRECCTE / Service of the legal metrology are in charge of the control of these OA.
    The tolerance is actually 0.5% but the verifier MUST adjust it to 0.1% during its Periodic Verification (PV).
    The indication "Minimum delivery 5L (or 2L)" does not prevent absolutely to buy a smaller quantity. This is the minimum value from which the manufacturer guarantees the accuracy of the meter.
    The mention "[...] only the display is authentic" means that in the event of a difference between the printed ticket and / or the indication at the kiosk and the display at the pump, the latter will prevail.

    An agent of the Legal Metrology Service

    References :
    * Order No. 45-2405 of 18/10/1945 relating to the measurement of the volume of liquids
    * Order of 28/06/2002 laying down certain procedures for the metrological control of EMLAE
    * Circular No. 93.00.110.00.1 of 11/08/1993 on the control of in-service measuring instruments belonging to certain categories of instruments (Ministry of Industry)

  2. Your comments are inaccurate. The fuel pumps are all wrong because the Directorate of Customs and Indirect Rights authorizes an error of 5% more or less on the distribution of fuel and this regardless of the amount distributed for the simple reason that under the effect heat the fuel occupies a larger volume. This abusive mention has nothing to do with the correctness of the measure: it is linked to a question of profitability for the distributor.

  3. I can not agree with your comment on this article very well written! The mention minimum delivery 5 liters has nothing to do with the correctness of the meters. The pumps are calibrated and verified by the State services and this regardless of the amount delivered. Only a low tolerance exists, related to the temperature, because the fuel expands or retracts according to the latter. The mention "minimum delivery 5 liters" has for only purpose to push you to buy a given quantity, which is therefore totally illegal.

  4. I agree with the analysis; however, everyone knows that even if it is marked that the minimum sale is 5 liters, it is possible to buy less! And without penalty of any kind.

    In fact, I think that the minimum of 5 liters mentioned on the pumps, characterizes the conditions of use of the volumetric meters, for which the precision is guaranteed.

    Another way of saying it is that if you use 0.01 liter (as displayed on the meter), the administration having checked the accuracy of the pump and the display mechanism does not guarantee that the delivered volume will be consistent, within the limit of the guaranteed accuracy.
    .
    If you want to fill your gasoline lighter, and you find that the pump at the bottom of your home makes you pay 0.03 euro, or place of 0.02 euro, you can not turn against Total or against the administration.

    • I totally agree with Alain. This statement is to indicate the quantity from which the accuracy of the measure is guaranteed. Below 5 liters, this one is not guaranteed and nothing can be reproached to the pump attendant in case of precision error. There is no scam or incentive to consume. If we take only one liter (ex for a 2 wheels) we will pay only one liter but we can not complain about having had 0.01% less or more elsewhere.

      • Your comments are inaccurate. The fuel pumps are all wrong because the Directorate of Customs and Indirect Rights authorizes an error of 5% more or less on the distribution of fuel and this regardless of the amount distributed for the simple reason that under the effect heat the fuel occupies a larger volume. This abusive mention has nothing to do with the correctness of the measure: it is linked to a question of profitability for the distributor.

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