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Cited by 5Criminal Law and PolicyEuropean and International Contract LawLegal Studies and Policies

Planned Obsolescence and Criminal Law: A Problematic Relationship?

La Rosa, Emanuele·2020·Sustainability and Law
DOI 10.1007/978-3-030-42630-9_12
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Crossref · 10.1007/978-3-030-42630-9_12

Cites

24 of 24 references verified0 citation errors · 0 not checkable

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  • France is the first and so far only country that has explicitly addressed planned obsolescence by defining, prohibiting and penalizing it via the Consumer Code.

    “France is the first and so far only country that has explicitly addressed planned obsolescence by defining, prohibiting and penalizing it via the 'Consumer Code' [ Code de la Consommation ] (La Rosa, 2020).”

    From Designed to break: planned obsolescence as corporate environmental crime (2022) · cites this paper as La Rosa, 2020

  • Manufacturers or importers found guilty of planned obsolescence in France can receive a fine of 300,000 euro (or up to 5% of average yearly turnover of last 3 years) and up to a 2 year sentence.

    “Manufacturersor importers who put the product on the French market-found guilty of this can receive a fine of 300,000 euro (or up to 5% of the average yearly turnover of the last 3 years) and up to a 2 year sentence (La Rosa, 2020, p. 225; Article L454-6).”

    From Designed to break: planned obsolescence as corporate environmental crime (2022) · cites this paper as La Rosa, 2020

  • When assessed based on the legality principle, it is not clear whether the French definition includes omissions and neither is it clear how the deliberate reduction of the lifespan can be proven in court.

    “When assessed based on the legality principle, it is not clear whether this definition includes omissions and neither is it clear how the deliberate reduction of the lifespan can be proven in court (La Rosa, 2020, p. 230).”

    From Designed to break: planned obsolescence as corporate environmental crime (2022) · cites this paper as La Rosa, 2020

  • EU policy has addressed planned obsolescence initially implicitly via policies on waste, use of natural resources, consumer information and circular economy.

    “EU policy has also addressed planned obsolescence-albeit initially in an implicit manner-via policies on waste, use of natural resources, consumer information and circular economy”

    From Designed to break: planned obsolescence as corporate environmental crime (2022) · cites this paper as La Rosa, 2020

  • Overall, the legal framework does not define planned obsolescence as a crime, with the exception of France, and even there ambiguously so.

    “but overall, the legal framework does not define planned obsolescence as a crime (with the exception of France, and even there, ambiguously so)”

    From Designed to break: planned obsolescence as corporate environmental crime (2022) · cites this paper as La Rosa, 2020

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Authors
La Rosa, E.
Venue
Sustainability and Law
Publisher
Springer International Publishing
Published
2020
Pages
221-236
DOI
10.1007/978-3-030-42630-9_12
OpenAlex
W3041439119
Cited by
5
References
25
Citations by year
2024: 1 · 2022: 2 · 2021: 2
FWCI
6.87
Type
book chapter
Language
en
Open access
closed
Licence
Locations
Springer eBooks (publishedVersion)
Topics
  • Social Sciences › Sociology and Political Science › Criminal Law and Policy
  • Social Sciences › Law › European and International Contract Law
  • Social Sciences › Law › Legal Studies and Policies
Keywords
planned obsolescence, French Consumer Code, consumer protection, environmental degradation, product lifetime, European Parliament resolution, principle of offensiveness, soft law instruments, class actions, administrative control, deterrence

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