FRANCE Law and Practice Contributed by: Carine Le Roy-Gleizes, Corentin Chevallier, Alice Messin-Roizard and Antoine Juquin, UGGC Avocats
10.2 Exemplary or Punitive Damages Under French law, exemplary or punitive damages cannot be awarded. This category of damages would be a violation of the principle of full compensation of prejudices. The French judge must contribute to the repair of the full extent of prejudice caused. In addi- tion, the victim is not required to limit his or her loss in the interest of the liable party. However, the French Court of Cassation specified that when it has contrib- uted to the aggravation of the damage, his or her fault Group actions were introduced into French law in 2016 and reformed by a 2025 law that provides for a unique procedure applicable to all group actions. The action may be brought on behalf of several persons in a similar situation resulting from the same breach of its legal or contractual obligations committed by a public or private person acting in the exercise of its professional activities. reduces the right to compensation. 10.3 Class or Group Actions Among others, environmental “approved associa- tions” (which is a specific status), and NGOs can lead a group action. Both natural and legal persons can be parties to the action as victims. 10.4 Landmark Cases The landmark case establishing civil liability for envi- ronmental damage was the 2012 Erika case concern- ing the oil spill caused by the sinking of a tanker. In this case, in addition to criminal liability, the court rec- ognised the legal concept of ecological prejudice for the first time. Climate litigation is currently increasing considerably, and this trend is certainly going to assume greater importance in years to come. Gradually, liability regarding climate change and global warming is being sought more and more – for example, the French state has been found liable for its lack of climate action. In addition, the fire at the Lubrizol chemical products plant and warehouse in September 2019 will surely become a major civil and criminal case. It is already giving rise to a governmental action plan for the pre- vention and management of industrial risks, as well as generating regulatory changes in relation to the pre-
vention and management of accidents on hazardous sites (see 16.1 Disclosure and Reporting Require- ments ). Finally, an important decision has been issued con- cerning transnational water pollution. The judge found an operator liable for causing environmental damage and fined them more than EUR9 million vis-à-vis a foreign state. 11. Contractual Agreements 11.1 Transferring or Apportioning Liability It is possible to transfer or apportion liability for inci- dental damage or breaches of law through a contract between two private parties. Such private contract does not affect private parties’ potential liability to regulatory authorities. The last operator of a classified facility may transfer its administrative liability through an “interested third party” ( tiers demandeur ) that carries out the facility’s remediation, and more recently, may also ensure its safety under the provisions issued by the regulatory authority. This results in the transfer of the last oper- ator’s liability to the purchaser. The operator has a residual liability if the third party cannot fulfil its new obligations. 12. Contaminated Land 12.1 Key Laws Governing Contaminated Land First, one of the key laws is the classified facilities regulation. This regulation addresses the contami- nated land obligations in the context of the cessation of activity. Contaminated land under French law has no defini- tion. However, a 2017 French methodology provides criteria to determine the environmental condition according to which a site shall be managed. The general approach taken by authorities is a risk- versus-use approach and respect for the protected environmental interests.
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