Dara Calleary (Mayo, Fianna Fail)
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In relation to the status of plans to conduct an investigation into the involvement of Irish agents. The Competition and Consumer Protection Commission (CCPC) have advised my Officials that it must be noted that although the property purchasers were resident in Ireland, the properties purchased were in France, were sold by French developers and subject to French property, contract and tax law, French planning regulations and the rules of the leaseback scheme which is a French scheme. Irish traders relied on the information provided to them by the French principles to act as agents for the sale.

The DGCCRF were therefore the relevant body to carry out the investigation into this matter. In undertaking their work, the CCPC understand that the DGCCRF scrutinized all cases where it believed establishing a criminal offence could be reasonably deemed feasible under suitable investigation conditions. The CCPC have been advised by the DGCCRF that as part of their investigation, the DGCCRF did not identify breaches of consumer protection law that could be attributed to Irish agents.

In relation to the query regarding the DGCCRF report and findings, copies of the report have not been shared with the CCPC due to restrictions under French law. The DGCCRF have advised the CCPC that the French rules on criminal procedure do not allow for any disclosure by them of the content of the reports that they have submitted to the public prosecutors. It is the understanding of the CCPC that property owners wishing to obtain further information, can request access to files.

As noted in an update from the CCPC to all complainants on 9 December 2022, as the French courts are now dealing with matters in relation to the French leaseback scheme, the work of the CCPC in this case has come to an end.