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
II: Material element
A: Bad Faith
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
175. Material offense or offense of recklessness
1 minute de lecture
The abolition of the condition of bad faith has sparked controversy in case law. A first movement advocated the removal of the moral element of the offense, which became purely material ; the second was in favor of the qualification of offense of recklessness, requiring the advertiser to verify the accuracy of the allegations of its message . The new Criminal Code which entered into force on 1 Mar …