Class Action - France

France

Under French law, an association can represent the collective interests of consumers; however, each claimant must be individually named in the lawsuit. On January 4, 2005, President Chirac urged changes that would provide greater consumer protection. A draft bill was proposed in April 2006. Under the proposals the court will be able to decide whether to allow an action brought by an association on behalf of consumers (which must comprise at least two individuals) for goods purchased under a standard contract. After such an action is brought, the association would be entitled to identify additional consumers for a one-month period. The court would determine the damages that must be awarded to the consumers who have opted-in to the proceedings, with damages limited to 2000 Euros; contingent fees for attorneys would be barred. The president of the French Supreme Court recently declared that "class actions are inescapable." Nevertheless, the bill was withdrawn in January 2007 at the request of Minister of Health Xavier Bertrand.

Following the change of majority in France in 2012, the new government is once more talking of introducing class actions into French law.