Legal Literature

Unfair Commercial Practices Directive, Chapter 2, Article 5 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 8 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 9 Unfair Commercial Practices Directive, Chapter 4, Article 11 Unfair Commercial Practices Directive, Chapter 4, Article 13 Unfair Commercial Practices Directive, Annex I

This article describes the amendments to article L. 120-1 of the French Consumer Code introduced by the French law of 4 August 2008 on the modernisation of the economy. In particular, the author notes the characterisation of both misleading and aggressive practices as unfair practices.

The article also describes the amendments to article L. 121-1 (on misleading practices) and article L. 122-11 (on aggressive practices) of the French Consumer Code. The author criticizes the amendments to article L. 122-11, considering that such article allows an enlargement of the courts' interpretative power.

The author comments on the list of misleading and aggressive commercial practices provided by the new articles L. 121-1-1 and L. 122-11-1. The author criticizes the generality and the vagueness of the propositions listed.

This article also describes the sanctions applicable to unfair commercial practices.