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
140. Presentations
1 minute de lecture
Under Article L. 121-2 of the Commercial Code, “a commercial practice is misleading […] when it is based on […] presentations that are false or likely to mislead”. Operators frequently use presentation devices to conceal the restrictions shown on the advertisement or cause confusion in the consumer's mind.
1) Lack of visibility and accessibility of restrictions
The advertiser may be tempted to us …
