European Commission


Legal Literature detail

Directive article Article 6
Article 7
Reference Droit pénal No. 2, February 2008, étude 4
Country France Legal Literature date 2008
Author S. FOURNIER Author initial
Title EN From false advertising to misleading commercial practices URL EN N/A
Title FR De la publicité fausse aux pratiques commerciales trompeuses URL FR N/A
Keywords general discussiongeneral discussion on the national implementationmisleading advertisingmisleading commercial practices

Head note

This article describes the modifications of the French Consumer Code resulting from the implementation of the UCP Directive.

The author provides an introduction to the genesis of the modification, and a presentation of the part of the French Consumer Code that is dedicated to unfair commercial practices.

The author focuses in particular on the misleading commercial practices replacing the former offense of false advertising, provided by article L. 121-1 of the French Consumer Code. The author criticizes the vagueness of the modified provisions, and particularly of the notion of "commercial practice". The author operates a comparison between the notion of "advertising" and the notion of "commercial practice". The author also analyzes the "misleading" aspect required to characterize the offense.

The author expresses doubts about the usefulness of some of the misleading practices mentioned in article L. 121-1 of the French Consumer Code.

General note

Relevant cases

National ID Common name Date decision Decision type