Cour de cassation, civile, Chambre civile 1, 3 février 2021, 19-21.046, Publié au bulletin
Case Outcome: | Cassation |
Appeal Number: | 12100128 |
Counsel: | SCP Thouvenin, Coudray et Grévy |
Court: | Première Chambre Civile (Cour de Cassation de France) |
Docket Number: | 19-21046 |
ECLI: | ECLI:FR:CCASS:2021:C100128 |
Presiding Judge: | Mme Batut (président) |
CIV. 1
MY1
COUR DE CASSATION
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Audience publique du 3 février 2021
Cassation
Mme BATUT, président
Arrêt n° 128 F-P
Pourvoi n° U 19-21.046
R É P U B L I Q U E F R A N Ç A I S E
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AU NOM DU PEUPLE FRANÇAIS
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ARRÊT DE LA COUR DE CASSATION, PREMIÈRE CHAMBRE CIVILE, DU 3 FÉVRIER 2021
M. F... X..., domicilié [...] , a formé le pourvoi n° U 19-21.046 contre le jugement rendu le 12 juin 2019 par le tribunal d'instance de Villeurbanne, dans le litige l'opposant à la société La Broderie de Lomagne, société par actions simplifiée, dont le siège est [...] , défenderesse à la cassation.
Le demandeur invoque, à l'appui de son pourvoi, deux moyens de cassation annexés, au présent arrêt.
Le dossier a été communiqué au procureur général.
Sur le rapport de Mme Robin-Raschel, conseiller référendaire, les observations de la SCP Thouvenin, Coudray et Grévy, avocat de M. X..., et après débats en l'audience publique du 8 décembre 2020 où étaient présentes Mme Batut, président, Mme Robin-Raschel, conseiller référendaire rapporteur, Mme Duval-Arnould, conseiller doyen, et Mme Randouin, greffier de chambre,
la première chambre civile de la Cour de cassation, composée des président et conseillers précités, après en avoir délibéré conformément à la loi, a rendu le présent arrêt.
Faits et procédure
1. Selon le jugement attaqué (tribunal d'instance de Villeurbanne, 12 juin 2019), rendu en dernier ressort, M. X... (l'acheteur), soutenant ne pas avoir reçu des produits achetés le 2 décembre 2017 sur Internet à la société La Broderie de Lomagne (le vendeur), a, par déclaration au greffe, sollicité la condamnation du vendeur au paiement de dommages-intérêts.
Examen des moyens
Sur le second moyen, ci-après annexé
2. En application de l'article 1014, alinéa 2, du code de procédure civile, il n'y a pas lieu de statuer par une décision spécialement motivée sur ce moyen qui n'est manifestement pas de nature à entraîner la cassation.
Mais sur le premier moyen, pris en sa première branche
Enoncé du moyen
3. L'acheteur fait grief au jugement de rejeter sa demande, alors « que le risque de perte ou d'endommagement des biens est transféré au consommateur au moment où ce dernier ou un tiers désigné par lui, autre que le transporteur proposé par le professionnel, prend physiquement possession de ces biens ; que, pour débouter l'acquéreur de sa...
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