French Consumer Law
Auteurs : Louis Vogel, Joseph Vogel
Sommaire de l’ouvrage
Introduction
Title 1: Advertising
Section 1: EU Law
Section 2: General Rules
I: Scope of application
1°: Confusion
3°: Object of the message
4°: Lack of clear identification of the beneficiary of the practice
5°: Goods unduly presented as identical to other goods marketed in the Union
B: Misleading commercial practices by omission
C: Potential effect
D: Instantaneous Offense
III: Intentional element
IV: Sanction
Section 4: Aggressive Commercial Practices
Chapter 2: Other prohibited commercial practices
Title 3: Regulated commercial practices
Part 2: Sale
Part 3: After Sale
137. Allegations/Indications
1 minute de lecture
Article L. 121-2 (former Article L. 121-1) of the Consumer Code considers as misleading commercial practices that are based on “allegations, indications or presentations” that are false or likely to mislead. A review of the case law allows to identify a number of allegations or indications which, when the advertiser cannot claim them, may result in prosecution.
The most blatant case of misleading …
