The landscape
Class actions ("actions de groupe") were
introduced in France in 2014 by the Consumer Act
2014-344.
Initially dedicated to consumer disputes, they later extended to
health, environment, personal data protection, workplace
discrimination and rental property matters. However, by 2023, only
35 class actions had been brought due to the procedure's
length, complexity and cost. No company has yet been found liable
in France as a result of a class action.
Difficulties in bringing class actions in France include strict
requirements that an association of plaintiffs be accredited and
sometimes established for a certain period. Furthermore, French law
favours the opt-in system, which means that victims must expressly
manifest their intention to join the class action. French law does
not recognise punitive damages and allows only for compensatory
damages that strictly cover the harm suffered by the victim.
Finally, there is no discovery procedure in France,