On October 1, 2014, the French accredited consumer association
UFC–Que Choisir filed the first class action (action de
groupe) in France. This action was filed against FONCIA, a
company specialized in residential property management and real
estate services, on the same day class action lawsuits became legal
in France. As a reminder, Decree n°2014-1081, dated September
24, 2014 and related to class actions, came into force on October
UFC–Que Choisir summoned FONCIA to appear before the
District Court of Nanterre on behalf of tenants over the allegedly
illegal fees it charges renters. UFC–Que Choisir argues that
FONCIA has collected €44 million in illicit charges over the
past five years, according to a press release issued by
UFC–Que Choisir on October 1, 2014.
The scope of the current law is a more limited version of class
action litigation than is found in the United States since it
allows only 16 consumer groups in France to file class actions on
behalf of consumers.
Who Is Entitled to Act on Behalf of Consumers?
Only duly authorized associations for the defense of consumers,
which are recognized as being representative at a national level,
are entitled to bring class actions in France. French lawyers are
not entitled to bring such action on behalf of consumers since they
are not recognized as being representative of consumers'
What Is the Purpose of a Class Action?
A class action may be instituted in the case of breach by a
company to comply with its obligations, whether legal or
contractual, either in the context of a sale of goods or supply of
services, or with respect to anticompetitive practices.
What Are the Remedies Under French Law?
As it stands, corporal and moral damages are excluded. In other
words, consumers are allowed to request only compensation for
damage to economic interests.
What Is the Procedural Path a Consumer Association Has to
The current law provides a two-step procedure.
First, the court has to check that the requirements to file a
class action are met and has to decide whether the summoned company
should be held liable.
Should the summoned company be held liable, the court will
determine the loss suffered by each consumer and set the means by
which the consumers who may have suffered a loss will be
The second step will be dedicated to the identification of the
concerned consumers and the collection of damages. The French class
action system is an opt-in system, meaning that consumers willing
to take part in the class action have to name
The consumers willing to take part in the class action will have
to give their names to the accredited consumer association, and the
latter will collect the damages for them.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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