Abstract
Although both in France and Belgium Corporate Social Responsibility (CSR)- communications can be apprehended to a large extent by the legal rules on unfair commercial practices, there is no significant case law on the application of legal provisions to CSR-advertising. These questions are more often left to advertising self-regulation bodies which apply a detailed set of rules on sustainable development (France) respectively environmental claims (Belgium).
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Notes
- 1.
Jones/Parker/Ten Bos, For Business Ethics, 2005.
- 2.
COM (2011) 681 final, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the regions. A renewed EU Strategy 2011–14 for Corporate Social responsibility.
- 3.
COM (2012) 225 final, 1.
- 4.
See Stuyck, Handelspraktijken, in: Dillemans/Van Gerven (eds.), Beginselen van Belgisch Privaatrecht, 3rd ed. 2013.
- 5.
See Nérisson, in: Henning-Bodewig (ed.), Handbook on Unfair Competition, 2013, 206 et seq; Vogel, Droit de la concurrence, in: Traité de droit économique, Volume 1, 2011.
- 6.
See Keirsbilck, The New European Law on Unfair Commercial Practices and Competition Law, 2011, 164.
- 7.
Conseil de l’Ethique Publicitaire, Avis sur le développement durable et la publicité, 2007.
- 8.
Recommandation Développement Durable, juin 2009.
- 9.
Decision 175/12 of 13 February 2012.
- 10.
Decision 192/12 of 24 April 2012.
- 11.
Decision 266/13 of 18 September 2013.
- 12.
Decision 267/13 of 18 September 2013.
- 13.
Decision 262/13 of 18 September 2013.
- 14.
See http://minceo.fgov (last visited on 5 November 2013).
- 15.
See e.g. a case closed on 1 December 2012 concerning a commercial for Mercedes referring to a winter without family warmth and solitude for cars that are left alone in a showroom and a case closed on 9 May 2012 where the Fédération Wallonie-Bruxelles (the federation of the Walloon and the Brussels regions) has launched a healthy food campaign. The spot showed two men typing on their pc. One is obese and is eating very fat food; the other one is inspired by an apple of which he has just eaten a bit and he makes a rough drawing of the logo of a well-known computer brand. The voice-over says: “Ah, if Jean-Claude had eaten healthy, he would have reinvented informatics and would have become billionaire. And above all he would have found a wife!” Finally in a case closed on 12 August 2011 “Corelio” a TV spot shows images of the pole areas. A voice-over says: “The chance that your children and grandchildren will be able to admire this unique fauna and flora melts like snow in the sun. But no panic, the poles are now immortalized on DVD.” In all three cases the advertiser promised to stop the spot.
- 16.
Case closed on 11 July 2011.
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Stuyck, J. (2014). Corporate Social Responsibility-Standards and the Belgian and French Perspective. In: Hilty, R., Henning-Bodewig, F. (eds) Corporate Social Responsibility. MPI Studies on Intellectual Property and Competition Law, vol 21. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-54005-9_16
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