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Class actions

Class actions

To address the gaps in the mechanisms established since 2014, the legislator took advantage of the transposition of Directive 2020/1828 on representative actions to substantially amend the scope and regime of group actions through the law of 30 April 2025, known as the “DDADUE” law, complemented by various implementing decrees.

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The law ratifies numerous changes (relative expansion of standing, creation of a fund to finance actions, oversight to prevent conflicts of interest), but the most significant advancement is undoubtedly the broadening of the scope of the action. Under the previous regime, it was strictly limited to certain matters (consumer law, health, personal data, discrimination, and environment); the law of 30 April 2025 expanded it to cover all breaches committed by a professional, a public legal entity, or a private entity managing a public service. The only area excluded from this expansion is health law, where the action remains limited to breaches by a producer or supplier of health products of their legal or contractual obligations. Another notable advancement introduced by the law is the establishment of a civil fine in the event of profitable misconduct causing serial harm, which may be sought by the public prosecutor.

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The law of 30 April 2025 left many points unresolved, some of which were addressed by the three implementing decrees:

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  • Decree No. 2025-653 of 16 July 2025, designating the judicial courts competent for group actions. This decree reserved jurisdiction over group actions to certain specialized courts: Bordeaux, Fort-de-France, Lille, Lyon, Marseille, Nancy, Paris, and Rennes.

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  • Decree No. 2025-734 of 30 July 2025, concerning the procedure applicable to group actions and the group actions register. This decree clarifies the newly granted possibility for the judge to dismiss manifestly inadmissible or unfounded actions at the outset, amends certain articles of the Code of Civil Procedure, and lays the foundations for the new group actions register established by the law.

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  • Decree No. 2025-1191 of 10 December 2025, concerning the approval procedure for associations and entities to conduct national and cross-border group actions and specifying their obligations regarding public disclosure of their funding. This decree details the procedure entities must follow to be authorized to bring actions, particularly for cross-border actions where associations must contact the DGCCRF. It also completes the provisions regarding third-party funding, which the law of 30 April left incomplete. Authorized parties must, from the initiation of their action, make publicly available the list of third parties that provided funding, and, in the case of a funding agreement specifically for the action, indicate its essential characteristics.

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The only issue still unresolved is the public financing of actions, as none of the aforementioned decrees established the financing fund promised by the law of 30 April.

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However, the previous regime remains in effect for group actions initiated in relation to events that occurred prior to 30 April 2025.

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The group action was first introduced by the Consumer Law of 17 March 2014 and entered into force on 1 October 2014.

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Under this regime, the objective is solely to obtain compensation of individual harm suffered by consumers placed in a similar or identical situation and sharing a common cause, namely a breach by one or more professionals of their statutory or contractual obligations. Only pecuniary losses suffered by consumers as a result of material damage incurred in connection with the sale of goods or services, or resulting from anti-competitive practices, are compensable.

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Furthermore, the Public Health Code introduced a specific group action aimed at compensating harm affecting health and personal safety, and the Law on the Modernisation of Justice in the 21st Century further extended class actions to other areas, such as harm resulting from discrimination, environmental damage, and breaches of data protection legislation.

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Class actions may be brought by nationally accredited and representative consumer associations, with the exception of local associations in overseas territories. Individuals, ad hoc associations, and even public bodies are therefore excluded from directly bringing actions on behalf of consumers. The stated objective of this restriction was to prevent the potential instrumentalisation observed in certain U.S. class actions. Other associations having standing may request substitution by the court in the event of failure on the part of the claimant association.

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In a single decision, the court rules both on the admissibility of the action and on the professional’s liability, on the basis of the individual cases submitted. The court must also define the group — or the criteria for group membership — the compensable harm, the amount or method of assessment of compensation, and the applicable procedure.

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In any “group proceedings”, the opt-in mechanism being central, the court orders publicity measures intended to inform consumers likely to belong to the group. These measures are borne by the professional and are implemented only once the decision has become final. Where the number and identity of the affected consumers are known and the harm is identical, a simplified group action procedure applies. The professional is then ordered to compensate consumers directly and individually, in accordance with the modalities determined by the court. Individual notification ensures that each consumer “accepts” compensation directly from the professional. Formal adhesion to the group is therefore not required.

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In other cases, group membership follows the modalities set by the court in terms of time limits and the designated recipient (the professional concerned, the association, or a professional assisting the association). Joining the group constitutes a mandate granted to the association for compensation purposes, enabling it to perform, in the name and on behalf of the consumer, all procedural acts necessary to obtain redress.

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Compensation is granted in accordance with the modalities determined by the court, and any disputes — whether by consumers not compensated and represented by the association, or by the professional — may arise during the subsequent procedural stage.

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The statutory framework also provides rules on the suspension of individual actions and on res judicata, which extends to group members whose harm has been compensated at the conclusion of the proceedings.

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The complementarity and interaction between class actions and other forms of collective actions have not been specifically addressed by the legislature.

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Legal Text
Consumer Code :

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On the Number of Class Actions

Register

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Further Reading :  â€‹â€‹â€‹

  • Fascicule « Actions de groupe », in JurisClasseur Procédure civile (L. Cadiet, dir.) : LexisNexis : Version 2020, Version 2021.

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  • Fascicule « Les actions en justice en droit de la consommation », in Lamy Droit économique : Versions 2018, 2019, 2020, 2021.

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  • « Actions de groupe: Perspectives et pistes d’amélioration », Dalloz, Juris associations 2019, n°591, p.3132.

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  • « En attendant un registre d’actions de groupe et autres actions collectives. » Revue de presse : JCP E, n° 50, 13 décembre 2018, 1637.

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  • « Le cadre judiciaire et administratif des actions de groupe : quelles différences ? Quelles conséquences ? », JCP E, n°28, 13 juillet 2017.

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  • « Variations autour du régime de l’action de groupe », JCP E, n°27, 6 juillet 201737.

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  • « Droits préjudices et prétention processuelle dans les actions de groupe » : JCP E, n° 26, 29 juin 2017, p. 1357.

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  • « Règlement des litiges de consommation : nouveaux paradigmes » : Revue Justice Actualités, n°17/2017, p. 35 à 41.

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  • « Nuevas acciones de grupo en el derecho francés » : La Ley, 17 février 2017, p. 140.

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  • « 3 QUESTIONS : Actions de groupe : nouveaux enjeux », JCP E n° 4, 26 Janvier 2017, 6541.

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  • « (In)Action de groupe : décomplexer l’action de groupe par l’aménagement du régime de l’aide juridictionnelle, des frais et dépens » : Gazette du Palais, 29 novembre 2016, 136e année, n°42, p. 52 à 56.

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  • « Las acciones de grupo en el derecho francés en las acciones colectivas y grupales en el contexto del mercado. Los consumidores y la competencia en mira de protección », J. Villalba Cuellar et A. Alarcón Peña : Ibañez, BogotaTirant Lo Blanch, Colombie, 2020, p. 39 à 72.

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  • « Réflexions autour de l’efficacité de l’action de groupe »: in L. ARCELIN-LECUYER (dir.), Le droit de la consommation après la loi du 17 mars 2014, in Actes du colloque Effectivité et efficacité du droit de la consommation, La Rochelle, 9 et 10 octobre 2014, Presses universitaires de Rennes, 2015, p. 105 à 125.

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Actions collectives

Collective actions

The Royer Act (Law No. 73-1193 of 27 December 1973) was the first to grant accredited consumer associations standing to bring civil actions in the collective interest of consumers, seeking compensation for direct or indirect harm caused to that collective interest. Initially, the existence of a criminal offence was required. However, a reform in 1988 (Law of 5 January 1988) and the interpretation of the Cour de cassation (Crim., 30 January 1995) relaxed this condition, holding that no offence causing direct or indirect harm to the collective interest of consumers is excluded. The current provision allows accredited associations to “exercise the rights granted to a civil party with respect to acts causing direct or indirect harm to the collective interest of consumers” (Article L.621-1 of the Consumer Code).

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Often defined negatively — as being neither the general interest nor the sum of individual interests — harm to the collective interest is difficult to delineate and, consequently, to assess. Nor does it correspond to the association’s own direct and personal damage. In order to clarify its contours, we have suggested a set of indicators, to be used jointly or separately: the connection to a category of persons, the specialised nature of the interest, the scope of the act, the risk posed to a community, and the breach of a specific set of rules. Thus defined, harm to the collective interest is direct where the offence immediately affects the community of consumers, and indirect where the harm occurs secondarily, by repercussion. Under this definition, harm to the collective interest may be material or moral, actual or potential.

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As regards compensation, many judgments in the past awarded one franc or one symbolic euro, out of concern that associations might be unjustly enriched. This trend has evolved, although the amounts awarded remain modest compared to the scale of the fraud involved.

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In 2019 and 2020, several judgments awarded sums of approximately €20,000 and €30,000 (TGI Paris, 12 January 2019, No. 14/07224; TGI Paris, 17 September 2019, No. 16/01008). In 2021, in the Helvet Immo case, a judicial court awarded more than one million euros in respect of harm to the collective interest of consumers to the two associations acting as civil parties and seeking compensation for such harm. The trend toward distinguishing compensation for harm to the collective interest from associative harm — whether moral or financial — has thus been confirmed. In that case, approximately €300,000 was also awarded for associative harm (Judicial Court, 13th Criminal Chamber, 26 February 2020, joined case No. 1929000935).

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Further Reading :

  • Maria José AZAR-BAUD, Fascicule « Les actions en justice en droit de la consommation », in Lamy Droit économique : Version 2021

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Plateforme en ligne

Analysis of the Services Offered by Online Dispute Resolution Platforms

The promotion of online services continues to increase and is likely to expand even further in the coming years. It is conceivable that certain services currently available in physical form may, in the future, be offered exclusively through virtual and interactive means.

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The field of justice is no exception to this trend. One cannot fail to observe the rapid proliferation of online platforms specialising in dispute resolution. Whether legaltech companies, associations, or simplified joint-stock companies, these entities differ in structure — but what services do they actually provide?

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In order to clarify this issue, we selected twelve such platforms and limited our research to the services presented on their respective websites.

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A first observation is that meaningful information could be obtained for only eight of them. In certain cases, the website had been suspended and the platform no longer existed (although its offer still appeared online). In other cases, the service was announced as forthcoming, but the website had not yet been launched, despite promotional activities already having taken place.

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These twelve platforms were listed in a comparative table (see attached table) according to the services offered (in light of the nature of the offer, pricing structure — where available — and the possible payment of success fees) and the manner in which such services were provided (in terms of the qualifications of the operators, duration of case management, etc.). A second observation is that only one platform provided all the information sought on its website, namely airhelp.com. It therefore appears to be the most comprehensive and transparent platform for potential clients. It also benefits from an extensive advertising campaign, particularly on social media.

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The remaining platforms (excluding those for which no information could be obtained) provide more or less complete information, which does not always allow prospective users to gain a clear understanding of how the service operates.

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A closer examination reveals that five of the platforms are fee-based (the majority), while others are partially fee-based or entirely free (such as airhelp.com). Prices vary significantly (ranging from €39.90 to €240 across all platforms) and are sometimes described in detail (e.g., medicys.fr), while in other cases no pricing information is provided (e.g., vpourverdict.com). A similar disparity exists regarding the description of services: some platforms provide a detailed explanation of their offer, whereas others merely summarise their activities in general terms (e.g., actoowin.com or demanderjustice.com).

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Success fees may also be charged, either only in the event of a successful outcome (airhelp.com) or through the payment of a percentage of the compensation obtained (12% in the case of demanderjustice.com). With regard to the duration of case handling, where specified, timelines range from less than five hours to seven days.

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The operators responsible for providing these services are predominantly lawyers, but not exclusively. The platforms also rely on law graduates, bailiffs (judicial officers), and specialised legal professionals. In some instances, a named contact person is identified (as on airhelp.com and medicys.fr).

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Ultimately, individuals wishing to resort to online dispute resolution platforms may find reassurance in the fact that, for the majority of the offers examined, the services appear relatively clear. Nevertheless, greater precision and transparency would be desirable.

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Summary: Information was available regarding the service offer and cost for seven platforms; the existence of success fees for three platforms; the qualifications of operators for five platforms; a designated contact person for two platforms; the duration of case handling for three platforms; operational details for three platforms; and the corporate form for five platforms.

  • Service Offered: Joint collective action

  • Cost: Fee-based (costs shared among group members)

  • Qualification of Operators: Lawyers and law students

  • Type of Entity: Legaltech company

  • Service Offered: Dispute resolution without lawyers’ fees

  • Cost: Free of charge

  • Operation: The sending of a formal notice letter is entirely free of charge. If no favourable response is received from the opposing party within 8 days (referred to litige.fr)

  • Offer: Lawyer comparison + dispute resolution
    Cost: Free

  • Service Offered: Simple amicable procedure / bundled amicable and judicial procedure

  • Cost: Conventional/judicial mediation is fee-based (from €180 incl. VAT); consumer mediation is free of charge (costs fully borne by judicial officers).

  • Qualification of Operators: Judicial officers (bailiffs) exclusively

  • Reference Persons: Patrick Sannino, President; National Chamber of Judicial Officers

  • Duration of Case Handling: Response for mediation within less than 24 hours; accessible at all times

  • Type of Entity: Association

  • Service Offered: Mediation and amicable dispute resolution (consumer mediation – pro/cons→ 180 judicial officers; conventional mediation – priv/pro; debt recovery; idea protection; secure email services; whistleblower support).

  • Success Fees (in %): Yes (sucess) 

  • Qualification of Operators: Lawyers specialised in air law (700 collaborators worldwide ; 16 languages ; 30 partner law firms abroad)

  • Reference Person: Henrik Zillmer, Founder.

  • Operation: Simplification of compensation claim procedures. The platform compares major airlines and principal airports in order to establish rankings (based on service quality, punctuality, handling of claims, as well as catering and retail facilities — taking into account flight services and monitoring).

  • Type of Entity: First passenger rights defence company, established in 2013.

  • Service Offered: Compensation for airline passengers (compensation of up to €600 if, within the past three years, the passenger’s flight was delayed, cancelled or overbooked); comparison of leading airlines and assistance in identifying the best destinations.

  • Cost: Fee-based (costs shared among group members).

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