Class actions

Le Tutour Avocats acts in class actions and proceedings similar to class actions, particularly in the areas of liability, health and defective products that have caused mass harm. We can help you understand this mechanism and assess the remedies available to you depending on your situation.

What is a group action?

A group action is a procedure governed by Articles 826 to 837 of the Code of Civil Procedure. It allows an association approved or authorised by law to take legal action on behalf of several people who have suffered the same damage caused by the same professional, under similar conditions.

Introduced in France by Law No. 2014-344 of 17 March 2014 on consumer affairs (known as the Hamon Law), this procedure is based on the Anglo-Saxon class action model, but is more restrictive in its terms.

In which areas is group action possible?

In France, group action is not available for all disputes. It is limited to certain areas listed by law:

• Consumer law: misleading commercial practices, breaches of a professional’s contractual obligations towards consumers (Articles L623-1 et seq. of the Consumer Code).
• Competition law
• Personal data protection
• Financial services: credit, insurance, investment products
• Health law: damage caused by the same health product
• Discrimination: discrimination in the areas of employment, housing or access to goods and services (Labour Code, Social Action and Families Code).
• Environmental damage: pollution, damage to biodiversity, breaches of environmental obligations (Law No. 2016-1087 of 8 August 2016).

Each area is governed by its own legal regime, particularly with regard to the associations authorised to take action and the conditions for the admissibility of the procedure.

Stages of the procedure

A class action can only be brought by an authorised entity (e.g. a consumer association approved by the public authorities or a recognised victims’ association).

The procedure takes place in two general stages:

1. Liability stage: the judge rules on the liability of the professional or the perpetrator of the damage and defines the group of persons concerned and the criteria for membership.

1. Compensation phase: victims can come forward and seek compensation on the basis of the judgment.

This is a so-called ‘opt-in’ procedure, in which victims must voluntarily join the group after the liability decision. This differs from the Dutch model, for example, where victims are automatically included unless they object.

How does this differ from a traditional class action?

Group actions are subject to specific rules laid down by law, with restrictive conditions. In practice, they remain relatively uncommon because only certain structures can initiate them and they are very costly.

On the other hand, it is always possible to bring a joint action, bringing together several victims who share a common cause and make individual claims. Le Tutour Avocats frequently acts in this type of litigation.

Le Tutour Avocats’ support in your group actions

With its extensive experience in mass litigation, Le Tutour Avocats acts in the context of group actions or structured collective actions:

• Analysis of the admissibility of the procedure and the applicable legal regime;

• Compilation of individual files and personalised legal support;

• Coordination with authorised associations, experts and other stakeholders;

• Representation of victims in all phases of the proceedings (liability and compensation).

Le Tutour Avocats is committed to defending the interests of each victim, while ensuring strategic consistency in the collective approach.

Do you think you may be affected by a class action or do you represent an association wishing to act on behalf of a group of victims?