FRANCE Law and Practice Contributed by: Diane Bandon-Tourret and Agathe Clarac, LexCase
2.3 Time Limits for Product Liability Claims Product Liability In the absence of fault on the part of the producer, the producer’s liability is extinguished ten years after the product that caused the damage was put into circula - tion, unless the victim has taken legal action during this period. An action for damages shall be barred within three years from the date on which the claimant knew or ought to have known of the damage, the defect and the identity of the producer. In a ruling dated 15 May 2024, the Court of Cassa - tion (No 22-23.985) confirmed that in cases of bodily injury, the date of knowledge of the injury must be understood as the date of consolidation. However, the CJEU has recently clarified, in a ruling of 26 March 2026 and as per EU law, that the three- year period begins as soon as the victim has sufficient knowledge of the damage suffered, the alleged fault and the identity of the producer, without it being nec - essary for the damage to have become fully apparent within the meaning of domestic law. Concerning the ten-year limitation period, the CJEU specified in the same ruling that it forms an integral part of the product liability regime and cannot be set aside solely on the grounds of a subsequent develop - ment in respect of the damage. In particular, the fact that the damage “evolves” does not prevent it from being detectable and identifiable within the ten-year period. The victim may therefore still bring an action. Tort Law Personal or movable actions are time-barred after five years from the date on which the holder of a right knew or should have known of the facts enabling him/ her to exercise it (new Article 2224 of the Civil Code). Liability claims arising from an event resulting in bodily injury, brought by the direct or indirect victim of the resulting damage, are time-barred after ten years from the date of consolidation of the initial or aggravated injury (new Article 2226 of the Civil Code).
Hidden Defect A person who discovers a defect in a property sold to them has two years to bring an action under the warranty for hidden defects. This period may be sus - pended if an expert assessment has been ordered. This warranty action must also be brought within 20 years after the sale of the property (Court of Cas - sation, Mixed Chamber, 21 July 2023 – Appeal Nos 21-15.809, 21-17.789, 21-19.936 and 20-10.763). 2.4 Jurisdictional Requirements for Product Liability Claims Unless otherwise provided, the court having territorial jurisdiction is that of the place where the defendant is domiciled. If there are several defendants, the plaintiff may choose to bring proceedings in the court of the place where one of them is domiciled. The plaintiff may also choose: • in matters relating to a contract, the court of the place where the goods were actually delivered or the service was rendered; and • in matters relating to tort, the court of the place where the harmful event occurred or the court of the place where the damage was suffered (Articles 42 and 46 of the Code of Civil Procedure (CPC)). In the context of liability for defective products, there is an international convention that deals specifically with the law applicable in the event of damage caused by a defective product (the 1973 Hague Convention on Liability for Defective Products). In consumer law, the consumer may bring the matter either before one of the courts with territorial jurisdic - tion under the CPC, or before the court of the place where the consumer lived when the contract was con - cluded or when the harmful event occurred (Article R631-3 of the Consumer Code). Regarding group actions, as recently amended by the Dispositions d ’ adaptation au droit de l ’ Union europée- nne (DADDUE) Law of 30 April 2025, a list of territori - ally competent judicial courts has been set by a min - isterial order of 16 July 2025. The court with territorial jurisdiction is that of the place where the defendant lives. The Paris court has jurisdiction if the defendant lives abroad or has no known domicile or residence.
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