FRANCE Law and Practice Contributed by: Thierry Laloum, Jordan Pontal, Julie Sarny and Gabin Dupont-Guianvarch, Willkie Farr & Gallagher LLP
14. Costs 14.1 Mechanisms to Protect Claimants From Excessive Costs Administrative litigation does not have a direct mechanism for protecting claimants from exces - sive costs. However, there are similar mecha - nisms in place aimed at reducing legal expenses. First, both defendants and claimants may be eligible for legal aid if their financial resources fall below certain thresholds, and, in the case of claimants, if their appeal is not manifestly inad - missible or unfounded. The primary benefit of legal aid is to alleviate the burden of legal costs and attorney’s fees for litigants. This aid is gen - erally intended for individuals, but, in exceptional cases, non-profit legal entities may also be eli - gible. Second, fee agreements between lawyers and their clients may include a fee ceiling. In such cases, the total fees payable by the client cannot exceed the specified limit. Third, in most litigation procedures, the los - ing party is typically ordered to pay all or part of the legal costs of the winning party. These costs include both procedural costs, such as those related to investigative measures, and non-recoverable costs, such as attorney’s fees. 14.2 Public Interest Costs The “public interest costs” mechanism helps limit the financial burden of legal action for par - ties involved in cases of public interest, such as those related to environmental protection or human rights. In administrative litigation, France does not have a mechanism identical to the “public interest
costs” system found in some foreign legal sys - tems (notably the UK and the US). However, similar mechanisms do exist. Since the law of 18 November 2016 on mod - ernising justice for the 21st century, France has introduced provisions for collective actions, particularly in areas such as consumer rights, discrimination and environmental matters. This mechanism allows for the sharing of legal costs among the parties involved, reducing the indi - vidual financial burden. Moreover, in certain cases, courts may decide, in the interest of fairness, to exempt parties from specific legal costs (including procedural costs and non-recoverable costs), especially in cases involving causes of public interest (such as human rights, environmental protection or transparency). However, this is not an automatic process, and largely depends on the specific cir - cumstances of each case. 14.3 Wasted Costs The “provisions for wasted costs” mechanism is primarily used in common law systems, such as in the UK. It serves to penalise parties or lawyers who cause unnecessary or excessive costs dur - ing legal proceedings. While there is no direct equivalent in French administrative litigation, similar mechanisms do exist. First, in cases of abusive litigation, such as manifestly unfounded or dilatory claims, the judge may order the claimant to pay a fine for improper recourse or compensation for the excessive costs incurred by the other party due to the abuse.
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