FRANCE Law and Practice Contributed by: Grégoire Bertrou and Delphine Grimond, Willkie Farr & Gallagher LLP
3.5 Joinder There is no specific procedure for joining further par- ties to a class action under French Law. After the court’s liability judgment, the court defines the group, sets the inclusion criteria, and orders publicity of the decision so potential members are informed. The court also sets an opt-in window of between two months and five years, depending on the case. Individuals or legal entities that satisfy the court-set criteria must affirmatively opt in within that window, following the joining process specified in the judgment. 3.6 Case Management Powers of Courts Under the unified French class action regime, judges have the authority to set the conduct and timetable of the proceedings in accordance with the procedural rules applicable to each competent court. For exam- ple, the time limits and rules governing first-instance case management, appeal deadlines ( cour d’appel ), and petitions to the Cour de cassation differ, and the court will calibrate the schedule accordingly (including the length of the opt-in period, publicity measures, and claims processing steps). 3.7 Length and Timetable for Proceedings These proceedings often last significantly longer, even several years. By way of exception, certain areas are subject to spe- cialised procedures, as outlined below. • In competition law, class actions can only be brought after a final infringement decision – for example, by the French Competition Authority or the European Commission. The action must be filed within five years of the decision becoming final. These provisions replicate those of the previ- ous regime and apply specifically to infringements of Articles 101 and 102 of the Treaty on the Func- tioning of the European Union. • In labour law, a specific pre-action procedure must be followed. The claimant must first send a formal request to the employer to cease the breach and must wait a minimum of six months before com- mencing any legal proceedings. Once the employer receives this request, they are required to engage
border representative actions, thereby reinforcing the EU-wide framework for collective redress. Taken together, these developments mark a pro- found transformation in the landscape of French class actions. The reform abandons the previous sector- specific approach in favour of a more inclusive model, opening access to collective redress mechanisms to any association that secures the necessary accredita- tion under unified criteria. It remains to be seen how actively eligible associations will seize this opportunity and whether the administra- tive authority responsible for granting approvals will adopt a strict or more permissive approach to enforc- ing these new conditions. 3.4 Class Members, Size and Mechanism – Opting In or Out France uses an opt-in model, where the court estab- lishes criteria for group membership and sets the opt- in period. This time frame has now been significantly extended, ranging from two months to five years, to better accommodate complex harms, including bod- ily injuries. There is no statutory numerical limit on class size. Notably, labour law class actions may also be initi- ated by individuals who are not current employees – including job applicants, interns, or participants in corporate training programs. These provisions reflect and expand upon the earlier framework found in Arti- cle L. 1134-9 of the French Labour Code. Importantly, joining the group does not imply member- ship in the claimant association. Victims may mandate the association to act on their behalf without being considered members. This clarification is especially significant where the claimant is a trade union, as it preserves individuals’ freedom of association and avoids any assumption of political alignment. Indeed, an association’s administrative accreditation does not imply neutrality, and some victims might be reluctant to join claims if doing so automatically implies mem- bership.
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