Legal Literature

  • Legal Literature Details
    • Member State: France
    • Title: The offence of misleading commercial practices replaces the offence of false or likely to mislead advertising
    • Subtitle:
    • Type:
    • URL:
    • Author: J. LASSERE-CAPDEVILLE
    • Reference: Petites affiches, November 21, 2008, No. 234, page 8
    • Publication Year: 2008
    • Keywords: general discussion on the national implementation, misleading advertising, penalties
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7
  • Headnote
    This article describes the modifications of article L. 121-1 of the French Consumer Code resulting from the implementation of the UCP Directive, by Law No. 2008-3 of 3 January 2008.

    The author summarises the evolution of measures against unfair advertising practices since 1963. He describes the contents of the offence set forth in new article L. 121-1 of the French Consumer Code, as compared to the previous offence (i.e. description of the previous offence, its elements and application by national courts). The author criticizes the lack of clarity of the wording of the new provision.
  • General Note
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