That is civil law courts tend to go with the precedent most of the time on the one hand. And on the other hand, a common law judge can always do a bit of nitpicking to argue why the case before her is special and thus different enough from the precedent (or she can pick from multiple different precedents, and then come up with a justification for why the one she picked matches the case before her the most).
This makes sense. Precedents ruled by mistake/etc. should not set the law.
In a civil law system judges still are aware of previous decisions in similar cases and consistent application of the law is still a principle which exists. The precedent might not be binding but a judge who is in doubt will still uses existing case law and so will appeal courts. They will just always refer to the law as the source of the decision, not the previous cases
Given that France uses Civil law and not Common law, does precedent / case law actually matter? (IANAL.)
* https://en.wikipedia.org/wiki/Civil_law_(legal_system)
* https://en.wikipedia.org/wiki/Common_law