Doctrine

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, Annex I

This article provides an analysis of the modifications to French consumer law resulting from the UCP Directive.

The author explains how article L. 121-1 of the French Consumer Code was modified, and comments on the list of prohibited commercial practices. The author criticises the contents of the list of misleading commercial practices provided by this article. In her opinion, some of the commercial practices listed seem redundant with other existing offenses.

The author also explains the modification of article L. 122-11 of the French Consumer Code on aggressive commercial practices which introduces a new offence by which coercion and other aggressive practices aiming at forcing consent at the stage of the formation of a contract can now be criminally punished.

The author also comments on the creation of a list of aggressive commercial practices, and on its consistency with the definition of aggressive commercial practices provided by the French Consumer Code.