The texts published are drafted in their original language and are not subject to any translation.
About
The Reasons
Created in 2017 by Maria José AZAR-BAUD, Associate Professor at the University of Paris-Saclay and Lawyer at the Paris Bar, as part of her academic research activities at the Institut Droit Ethique et Patrimoine (IDEP), the idea of an Observatory of Class Actions and other forms of Collective Redress stems from three observations:
The adoption of collective actions is a global phenomenon
Collective actions have progressively developed on a global scale. Present as early as medieval England, they disappeared in the nineteenth century before re-emerging in the twentieth century in the form of actions brought by associations representing their members. Initially limited to injunctions or declaratory relief, they took on their modern form with the American class action in 1966, and subsequently spread to Canada and Australia.
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From the 2000s onwards, collective actions multiplied in countries belonging to diverse legal traditions (civil law, common law and mixed systems), particularly in Europe, Asia and the Americas. Today, more than thirty-five States recognise modern forms of collective redress, illustrating a genuine process of legal globalisation.
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This movement is likely to intensify further with the transposition of the Directive (EU) 2020/1828 on representative actions, as illustrated by the Luxembourg legislative bill in the field of consumer law. Finally, the dissemination of and scholarly reflection on collective actions are supported by an international network of specialists, notably led by the Founder of the Observatory.
Research on collective actions is multidisciplinary
The globalisation of collective actions forms part of the broader process of economic globalisation, which has contributed to the emergence of mass harm. In this context, the objective pursued is the creation of an international forum for reflection, enabling the exchange of perspectives and the development of a multidisciplinary approach to class actions and other forms of collective redress, involving multiple branches of law.
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In France, class actions were introduced progressively from 2014, initially in consumer law, before being extended to health, environmental protection, discrimination, personal data, administrative matters and, in 2018, to the real estate sector. The scope of class actions in France is therefore relatively broad, while remaining strictly limited to the sectors expressly provided for by the legislature.
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Class actions form part of a broader set of mechanisms designed to address mass disputes, alongside other collective actions established by statute or case law, whose development continues. Moreover, new instruments are emerging, notably digital platforms for alternative dispute resolution and the assignment of claims, both of which are experiencing renewed interest in the context of mass litigation.
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Finally, collective actions constitute a major societal issue requiring interdisciplinary analysis. They engage not only legal scholarship, but also economics, management, sociology, psychology, computer science and artificial intelligence. The Observatory thus positions itself as an open research platform, bringing together academics and practitioners from diverse backgrounds and giving rise to scholarly work and scientific publications.
There is currently no Group Action Register in France
France has recognised forms of collective actions in a broad sense since the 1970s and class actions since 2014, with more than 400 decisions identified to date in the field of consumer law, across all courts. However, only certain decisions are published, which fuels the ongoing debate regarding the publicity of judgments.
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It appears that no centralised register currently records class actions and the related judicial decisions. This absence may weaken the system by encouraging the multiplication of parallel proceedings and generating undesirable effects both for associations and group members, as well as for the judicial system.
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The establishment of a register therefore appears necessary in order to prevent the duplication of proceedings, enhance the efficiency of justice, and ensure legal certainty. The collective nature of such disputes also entails an increased requirement of transparency throughout the proceedings.
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It is within this framework that the Observatory of Class Actions and other Collective Actions seeks to identify such actions and to disseminate information in a neutral and impartial manner, notably through its website. The register thus created also makes it possible to analyse the evolution of the behaviour of consumers, associations and undertakings in the relevant sectors.
The Objectives
The Method
The Observatory pursues research and educational objectives with a strong societal focus, collaborating with associations, victims and companies in order to gain a deeper understanding of class actions and other forms of collective redress. Its approach is cross-sectoral, cross-border and comparative, combining both theoretical and practical perspectives.
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Starting from a legal analysis, the Observatory adopts a multidisciplinary approach integrating, in particular, artificial intelligence, mathematics, computer science, management sciences, social psychology and behavioural economics. This approach makes it possible to analyse judicial decisions, identify predictive trends, assess risks and opportunities for businesses, and examine the motivations of group members and associations.
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Bringing together more than a dozen researchers from various research centres, the Observatory aims to serve as a source of proposals and expert advice for both public and private stakeholders on the entrepreneurial and societal issues related to collective actions.
The Team
More contributors soon