A court hearing on a bid by the French government to suspend Chinese fast-fashion retailer Shein’s website in the country has been postponed after the State asked for more time. The session was due to take place in Paris on Wednesday but has been rescheduled for 5 December.
The case was pushed back because of a procedural problem linked to a document the state received late Tuesday, according to French media reports.
Lawyers for Shein criticised the delay, saying the government was not confident about its case and calling the change “a total about-face”. The public prosecutor also told the court that it would not support the government’s request to block the site.
EU seeks clampdown
The postponement comes as EU lawmakers call for tougher action against e-commerce platforms.
On Wednesday a majority in the European Parliament backed a resolution urging the faster use of interim measures, including temporary suspensions, in cases of repeated or serious breaches of EU law.
The text cited the Shein case in France as an example.
Under the EU’s Digital Services Act, Brussels can already order a temporary suspension as a last-resort measure.
Lawmakers called for stronger enforcement of the rules, including on product safety, and highlighted concerns over large numbers of unsafe or non-compliant parcels arriving from Shein and other non-EU platforms.
Shein bans sex dolls, offers to share buyers’ details in French probe
Push for tighter controls
The French government aims to secure a three-month suspension of Shein's website as a whole, as it pushes the company to tighten controls over the products it sells.
The Paris court will hold a hearing on the accelerated judicial procedure the French government has started, summoning Infinite Styles Services Co Ltd – the Dublin-based company behind Shein's business in Europe – with lawyers for the Chinese company also expected to attend.
The Paris prosecutor's office opened investigations against Shein on 4 November, after France's anti-fraud unit reported that Shein was selling childlike "sex dolls".
Shein announced it was imposing a "total ban on sex doll-type products" and had deleted all listings and images linked to them.
The government started the process to block Shein in France on the same day the fast fashion retailer opened its first physical store in the world in the prestigious BHV department store in central Paris.
Shein has disabled its "marketplace" in France since 5 November, but the part of its website offering its own clothing range is still accessible.
Shein opens first store in Paris as scandal and criticism mount
'Preventing or halting harm'
France's case rests on Article 6.3 of the digital economy law, which gives a judge powers to prescribe measures with the aim of preventing or halting harm caused by online content.
The court will have to decide whether a suspension is warranted, and whether it is in line with European Union law.
Under EU law, online marketplaces, as intermediaries, are not directly liable for products sold by third parties, but have an obligation to remove illegal products as soon as they become aware of them.
"We know how powerful Shein is from a technical standpoint, and even, I would say, in terms of its use of artificial intelligence for production, so we can assume that it has the technical, technological and financial means to carry out these checks. The fact is that it does not do so," a French finance ministry official said in a press briefing.
A ruling is not expected on Wednesday, but rather in the coming weeks, the official said.
France urges EU to crack down on online seller Shein over illicit products
France has also summoned major internet service providers Bouygues Telecom, Free, Orange and SFR to the hearing, requesting that they block Shein's website.
It has been cracking down on other online platforms, with the country's consumer watchdog finding that AliExpress and Joom were also selling childlike sex dolls, while Wish, Temu and Amazon had failed to filter underage shoppers from adult content.
France is also taking its fight to the EU, pushing for the European Commission to open a formal investigation into Shein over illicit products.
(with newswires)
