Moderate Risk – France has a sophisticated collective action regime.

What is the most common type of collective action you are seeing?

Consumer actions

What are the various ways a group could bring a collective action?

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.

If collective actions are permitted, are these opt-in or opt-out actions?

Class actions are subject to an opt-in mechanism once the decision on liability has been reached. 

Does the law currently provide for private collective actions by consumers? 

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. 

If collective actions are permitted are the usual forms of relief permitted and can punitive damages be claimed?

Compensation and injunctions can be claimed.

Punitive damages are not available. 

Are bodies which represent consumers able to bring actions on their behalf? And if yes, can these bodies bring cross-border actions?

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. 

Is third party funding of litigation permitted?

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. 

Is litigation funding permitted for collective actions?

The funding will be provided by the association bringing the claim.

Are consumer groups and law firms allowed to advertise the collective actions they are running?

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. 

Is there a formal mechanism to settle actions on a collective basis?

Any settlement agreement must be approved by the Judge. Consumers can then opt-in or opt-out of the settlement.

If a trader loses a collective action does the law require the trader to publicise this?

The court will decide how this will be done.  

Is there a penalty for non-compliance with a final decision issued in respect of a collective action?

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.