Consumer actions
Class actions can be brought with or without individual mandates (if based on concrete cases of damage to consumers). Other collective actions require mandates from each of the individuals they represent.
Class actions are subject to an opt-in mechanism once the decision on liability has been reached.
These are not just limited to specific areas of consumer law. Other areas covered include product liability, environmental law, financial services, data protection claims and housing lease claims.
Compensation and injunctions can be claimed.
Punitive damages are not available.
Only authorised associations can bring actions.
Claims can be cross-border but only entities that meet certain criteria can file class actions and only individuals that meet the definition set by the competent judge can opt-in even if they are outside the jurisdiction.
There are no specific provisions relating to third-party funding of class actions, but associations must comply with the legislation relating to the funding of associations in France.
The funding will be provided by the association bringing the claim.
The judge may order consumer groups to advertise the liability decisions rendered so that consumers can opt-in. There are no specific provisions prohibiting associations from advertising the actions they are running.
Any settlement agreement must be approved by the Judge. Consumers can then opt-in or opt-out of the settlement.
The court will decide how this will be done.
However, the consumer association can obtain measures to compel the performance of the obligation.
The Collective Redress Directive must be implemented in all EU member states by 25 December 2022. To find out more about the current progress of implementation of the Directive in this jurisdiction click here.