subscribe
News

Class action draft bill in France.

The bill founding the action of group adopted in the Council of Ministers
A bill relating to consumption was adopted in the Council of Ministers,
setting up in particular the procedure of action of group. The bill only
holds for associations of defense consumers representative at the national
level and approved, – thus excluding lawyers -, quality to act in front of a
civil jurisdiction in order to obtain the repair of the individual injuries
undergone by a group of consumers, placed in an identical or similar
situation, and caused by the same professional, because of failures with his
legal obligations or contractual, at the time of the sale of goods or of the
supply of services, or because of anti-competitive practices. Only the
repair of the material losses undergone by consumers could be continued by
this action, other than those resulting from a physical injury. The bill
envisages, moreover, of measurements aiming at fighting against the
over-indebtedness of the private individuals and framing the revolving
credit. The Government will proceed by way of amendment in order to found a
national register of the appropriations allowing the lender to have an
exhaustive vision of the loans already contracted by the consumer. The text
will make possible the cancellation of the comprehensive insurances dwelling
and automobile civil liability as of the term for the first year of
engagement. The text improves, in addition, the information of the
consumers on the legal guarantees and the existence and the availability of
elements necessary to the repair of a product. It extends to the
manufactured goods the protection offered by the geographical ascriptions.
The bill also sets up new rules between the companies, in particular as for
the effectivity of the terms of payment. Between great distribution and
suppliers, it forces to envisage an obligatory clause of renegotiation of
the prices in the contracts relating to certain foodstuffs. The text equips
finally the services with the State of competences increased to sanction
more quickly and in a more dissuasive way the infringements with the rules
of the Code of consumption. It renews the framework of regulation of the
electronic trade and the remote sale.

Georges P. MOUCHTOURIS
ACTUA ASSIST CONSULTANT
6, Place de la Mairie – 18140 GARIGNY
Tél. : 02 48 77 50 46
Fax : 02 48 74 84 15

5 Comments to “Class action draft bill in France.”
Leave a Reply

You must be logged in to post a comment.