European Commission


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Directive article Emanating from Ministère de l''économie, de l''industrie et de l''emploi
Country France Title EN Service note No. 2009-07. Subject : Unfair commercial practices.
Keywords general discussiongeneral discussion on the national implementationpenalties

Head note

This service note provides an introduction to the the French laws implementing the UCP Directive. It describes the offenses of unfair commercial practices, misleading commercial practices and aggressive commercial practices.

The note specifies the elements to be taken into consideration to determine the unfair, misleading or aggressive aspect of a commercial practice, in the light of the Directive. It provides some guidelines to follow for the interpretation and the application of the provisions regulating said practices.

The note describes the constitutive elements of the offenses of unfair commercial practice provided by article L. 120-1 of the French Consumer Code, of misleading commercial practice by action and by omission pursuant to article L. 121-1, and of aggressive commercial practice pursuant to article L. 122-11.

It comments on the persons who can be liable for said offenses, as well as the persons who are protected by the provisions.

It also comments on the sanctions applicable to said practices, and on the investigation powers given to the agents of the French administrative authority in charge of competition and consumer protection, according to article L. 141-1, IV, V, and V of the French Consumer Code.

It provides comments on the implementation of the list of misleading commercial practices and of the list of aggressive commercial practices specified in Directive 2005/29/CE.

The note includes the lists of misleading commercial practices and of aggressive commercial practices respectively provided by Articles L. 121-1-1 and L. 122-11-1 of the French Consumer Code.

General note

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