FRANCE Law and Practice Contributed by: Grégoire Bertrou and Delphine Grimond, Willkie Farr & Gallagher LLP
The Law of 30 April 2025 introduces a more flexible and harmonised framework. Depending on the type of relief sought, both accredited and certain non- accredited associations may now be entitled to bring a class action. The criteria for obtaining accreditation have been unified under a single set of rules, thereby streamlining access to collective redress. Accredited Associations The principal actors under the new regime remain accredited non-profit associations. To obtain authori- sation, such associations must meet the following requirements: • operate on a non-profit basis; • receive formal administrative authorisation, subject to the following conditions: • demonstrate at least 12 months of effective and continuous public activity in defence of the relevant interests; • include the defence of such interests in their gov- erning statutes; • not be subject to insolvency or collective proceed- ings at the time of application; • remain independent from any entity with an eco- nomic interest in the litigation; and • maintain operational transparency, notably by publishing information on their funding sources and governance structures. Authorisation may be revoked by the relevant admin- istrative authority if any of these conditions are no longer met. While the reform expands the number of potential claimants, consumer protection associations accred- ited under the previous framework do not automati- cally qualify to act under the new system. To pursue new class actions, they must reapply for accredita- tion under the updated, harmonised rules. However, during a transitional period of two years following the entry into force of the new regime, such associations may continue to rely on their prior status and initiate proceedings under the former legal framework. An open question remains regarding the identity of the administrative body responsible for granting the new authorisations. Under the previous system, jurisdic-
tion was sector-specific: for example, the Ministry of Justice handled consumer law accreditations, while the Ministry for the Environment oversaw environmen- tal claims. The new legislation appears to favour the designation of a single, centralised authority, though it remains to be seen which body will be assigned this role. Non-Accredited Associations (for Injunctive Relief Only) Associations that meet slightly less demanding criteria – namely, at least 24 months of effective public activ- ity and statutory objectives aligned with the interests allegedly harmed – may bring class actions seeking only injunctive relief (the cessation of unlawful con- duct). However, these associations lack standing to pursue compensatory damages, which may limit the practical significance of this extension in many cases. Trade Unions and Sectoral Organisations Representative trade unions continue to benefit from specific standing rights under the new regime. They may initiate class actions: • in matters concerning discrimination or data pro- tection; and • to address breaches by employers of legal or con- tractual obligations that have harmed a group of employees, or to seek cessation of such conduct. In the agricultural and maritime sectors, professional organisations that meet comparable criteria may also bring class actions on behalf of their members. Public Authorities and Cross-Border Entities The public prosecutor ( Ministère public ) is now empowered to initiate a class action seeking injunctive relief and may also intervene in ongoing proceedings as an interested party. This enhanced role significantly strengthens public oversight and may prove particu- larly relevant in high-profile or sensitive cases. In addition, entities designated by other EU Member States pursuant to Directive (EU) 2020/1828 (so-called “qualified entities”) are now permitted to bring class actions in France, whether for injunctive or compen- satory relief. This includes the ability to initiate cross-
113 CHAMBERS.COM
Powered by FlippingBook