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ARTICLE · 23 APRIL 2014

Introduction Of Class Actions In France

Van Bael & Bellis
Van Bael & Bellis
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Van Bael & Bellis

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The new legislation introduces class actions into the French legal system and more specifically into competition law matters.

FranceAntitrust/Competition Law

The French Consumer Law N° 2014-344 was finally enacted on 17 March 2014. The new legislation introduces class actions into the French legal system and more specifically into competition law matters. Class actions are covered by Articles 1 and 2 of the Law.

Unlike class actions in the United States which provide for an "opt-out" procedure, class actions in France are based only on an "opt-in" system whereby consumers need to express their consent to be part of the group and to be compensated after a judgment has been rendered on liability.

The scope of class actions has been exclusively limited to consumer and competition law violations. Class actions are limited to addressing the material and financial harms suffered by individual consumers when purchasing a product or when being provided with a service. Failure by a professional person to correctly execute his legal or contractual obligations is also covered by the law. On the other hand, damages claimed pursuant

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