FRANCE Law and Practice Contributed by: Diane Bandon-Tourret and Agathe Clarac, LexCase
Tort Law The tort action is open to all claimants or their ben - eficiaries who meet the conditions of law. Recent developments in case law have clarified the condi - tions for compensation for anxiety-related damages in tort liability cases. The Paris administrative court of appeal stated, in a ruling dated 4 April 2025 regarding the Levothyrox case, that “A person who is aware of the high risk of developing a serious illness as a result of an administrative error may claim anxiety caused by that error”. Three conditions must be met: • there must be a fault committed by the French administration (in this case, the ANSM); • the fault must have created a high risk of serious illness; and • the claimant must be aware of the risk, which causes lasting anxiety. In the Chlordecone case, the Paris Administrative Court of Appeal, in a ruling dated 11 March 2025, pointed out that, in anxiety-related damage, a specific psychological disorder linked to the fear of develop - ing a serious illness occurs due to a fault on the part of the state. If a person establishes that they are at sufficiently high risk (in accordance with the scientific literature) of developing a serious condition with suf - ficiently serious effects attributable to chlordecone, claimants are entitled to compensation for their anxi - ety, without having to prove specific psychological disorders resulting from awareness of this risk, under the condition that the claimant demonstrates expo - sure through detailed, personal evidence. In a civil ruling dated 18 February 2026, the Court of Cassation stated that the awareness of the vic - tim of the high risk of developing a serious illness on exposure to a product would be sufficient for anxiety- related damage compensation. Therefore, the victim did not need to prove that she was living in a state of anxiety regarding the risk of developing a rare disease. Hidden Defect The buyer has the right to initiate the action against the seller.
to refund the price and reimburse the buyer for the costs incurred by the sale. Criminal Law Common law offences may also be established, in particular those relating to unintentional harm to the human body, administration of harmful substances, endangering others and failure to assist a person in danger. There are also offences under criminal consumer law, including misleading commercial practices (Article L. 132-2 of the Consumer Code – a two-year prison sen - tence and a EUR300,000 fine, 10% of average annual turnover, or 50% of the expenditure incurred in car - rying out the advertising or practice constituting the offence). The offence of fraud may also be constituted. Fraud is defined as the act by any person, whether a party to the contract or not, of deceiving or attempting to deceive the contracting party by any means or pro - cess whatsoever, even through the intermediary of a third party, in relation to: • the nature, species, origin, substantial qualities, composition or active ingredients of any goods; • the quantity of the goods delivered or the delivery of goods other than those that were the subject of the contract; or • the suitability for use of the product, the risks inherent in such use, the tests carried out, the instructions for use or the precautions to be taken. Deception, or attempted deception, is punishable by three years’ imprisonment and a fine of EUR300,000 (Article L. 454-1 of the Consumer Code), which may be increased to EUR750,000 and seven years’ impris - onment. 2.2 Standing to Bring Product Liability Claims Product Liability Any claimant is entitled to bring an action if they meet the conditions of law and if they are seeking compen - sation for damage to the goods of more than EUR500 – or damages resulting from an injury to the person.
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