[bombcar]

And the costs when you win can be the tens of thousands of dollars, even if you get awarded fees (which isn't guaranteed).

And when going up against an adversary with hordes of lawyers on salary, you don't want to end up in court.

[tadfisher]

This is France, it's "loser pays" territory, so you don't have the perverse incentive to enforce illegal terms through the threat of litigation.