FRANCE Law and Practice Contributed by: Emmanuel Reille, Dimitri Dimitrov, Franck Audran, Laura Castex and Elizabeth Gautier, Gide Loyrette Nouel
of the French Civil Code). The period begins to run from the day on which the victim knows or ought to have known (Article L482-1 of the FCC) of the exist - ence of an infringement, the fact that such infringe - ment caused them harm, and the identity of at least one infringing party. In the event that the contemplated action concerns a continuous infringement, the limitation period does not run until the practice has ceased (Article L482-1 of the FCC). All the standard provisions of the French Civil Code relating to the postponement, suspension and interruption of the limitation period are applicable to these actions unless other special rules should be taken into account. Furthermore, acts of competition authorities (the FCA, other NCAs, or the EC) aimed at investigating, detect - ing or punishing anti-competitive practices also inter - rupt the limitation period of private litigation until the issuance of a final decision from the relevant com - petition authority (Article L462-7 of the FCC). In this regard, the Paris Court of Appeal recently confirmed that this article provides for a mechanism for interrupt - ing the limitation period – rather than a mechanism for postponing the starting point of the limitation period – and that, unlike postponement, interruption of the limitation period only has effect if the limitation period has already begun. Consequently, the Paris Court of Appeal ruled that the plaintiff cannot invoke any action aimed at investigating, detecting or sanctioning anti- competitive practices prior to the start of the limita - tion period (ie, the date of the competition authority’s decision) to claim that the limitation period was inter - rupted (Paris Court of Appeal, 22 January 2025, No 23/04477). Limitation Litigation Determining the starting point of the limitation period for actions for damages caused by anti-competitive practices gives rise to extensive litigation. When Article L482-1 of the FCC is not applicable ratione temporis to the case, it is the standard provisions of Article 2224 of the French Civil Code that apply and make the limitation period begin to run from the date on which the victim becomes aware of the damage it has suffered.
Recently, the method used by the courts to determine the starting point of limitation periods on the basis of Article 2224 of the French Civil Code has been close to that provided for by Article L482-1 of the FCC, even if it is not applicable ratione temporis. So, in most cases, the competition authority’s decision that finds anti-competitive practices is the starting point of the limitation period (Paris Commercial Court, 23 January 2023, RG No 2021037634). Otherwise, decisions on the merits are most often taken as the starting point for the limitation period, whereas decisions on interim measures are less likely to be taken into account. Although ‒ considering the in concreto approach adopted by judges – this pos - sibility cannot be ruled out (eg, Paris Court of Appeal, 6 March 2019, SARL Arkeos v SA EDF, No 17/21261), it was recently excluded by the French Supreme Court in a case relating to the enforcement of an abuse of a dominant position sanctioned by the FCA in the phar - maceutical sector. Indeed, the French Supreme Court ruled that the Paris Court of Appeal had correctly decided that only the decision of the FCA had given the claimant knowledge of the facts and their scope, thereby enabling the claimant to bring an action for damages – despite the fact that the FCA’s decision had been preceded by the pronouncement of interim measures and that the claimant had actively par - ticipated in the FCA’s investigation (French Supreme Court, 30 August 2023, No S 22-14.094). The Paris Court of Appeal also held that the hearing of the victim by the services of the FCA or knowledge of a cartel gained through a newspaper article is not sufficient to start the limitation period (Paris Court of Appeal, 14 April 2021, No 19/19448). Conversely, the press release issued by a competition authority relating to the decision may be sufficient to start the limitation period according to the court’s in concreto assessment (Paris Court of Appeal, 1 June 2023, RG No 468098). As regards horizontal practices, hearings of alleged victims as witnesses during the investigation before the FCA are unlikely to be the starting point of the limitation period (eg, High First Instance Civil Court of Paris, 23 September 2019, Carrefour v Johnson & Johnson, No 2017013944). However, the Paris Court
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