FRANCE Law and Practice Contributed by: Diane Bandon-Tourret and Agathe Clarac, LexCase
anxiety-related harm, while imposing stringent standards for proof. Hidden Defect The buyer has the right to initiate the action against the seller. 2.3 Time Limits for Product Liability Claims Product Liability In the absence of fault on the part of the pro - ducer, the producer’s liability is extinguished ten years after the product which caused the dam - age was put into circulation, 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 Cas - sation (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 consolida - tion. 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 suspended if an expert assess - ment has been ordered. This warranty action must also be brought within 20 years after the sale of the property (Cour de Cassation, 21 July 2023 Chambre mixte – Pourvois 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 for 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). 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 Defec - tive Products). In consumer law, the consumer may bring the matter either before one of the courts with ter - ritorial jurisdiction under the Code of Civil Proce - dure, or before the court of the place where the consumer lived when the contract was conclud - ed or when the harmful event occurred (Article R631-3 of the Consumer Code).
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