French Consumer Law is a comprehensive and comparative overview of French and EU law in this field, covering: advertising, unfair commercial practices, conditions for the validity of contracts, unfair terms, product conformity, latent defects, product safety.

French Consumer Law

Prior to the Macron Law of 6 August 2015 , Article L. 421-7 of the Consumer Code (now Article. L. 621-9 since the Ordinance of 14 March 2016), and section 3 of the code where the article is found, laid down the right for consumer associations to intervene in the civil courts notably to ask for the application of the measures provided for in Article L. 421-2 (now L. 621-2), where the initial claim  …

Requirements for intervention

Prior to the Macron Law of 6 August 2015 , Article L. 421-7 of the Consumer Code (now Article. L. 621-9 since the Ordinance of 14 March 2016), and section 3 of the code where the article is found, laid down the right for consumer associations to intervene in the civil courts notably to ask for the application of the measures provided for in Article L. 421-2 (now L. 621-2), where the initial claim was for compensation of harm suffered by one or several consumers in respect of facts not constituting a criminal offense.

Unlike Articles L. 621-1 (formerly L. 421-1) and L. 621-8 (formerly L. 421-6) which confer a right to action on consumer associations, Article L. 421-7 only allowed them to join a suit brought on the initiative of a consumer . Reading former Article L. 421-7 of the Consumer Code and Articles 66 and 68 of the Code of Civil Procedure in conjunction, the first civil chamber had held that “although authorized consumer associations may intervene in proceedings for the initial application for damages for harm suffered by one or more consumers (...), on the other hand they may not to that end initiate the proceedings” . In application of this principle, intervention by a consumer association was deemed inadmissible when its claims were formulated in the document instituting proceedings  or it served a notice of summons on the trader jointly with the consumer . In effect, the association was in that case acting as the principal applicant and not as a third party to the action as required by law . Finally, according to the Court of Cassation, a voluntary intervention after the discontinuation of proceedings as a result of an out-of-court settlement between the trader and the consumer, was inadmissible . One Court of Appeal deemed, however, that when the applicant had suffered harm due to the acts of the trader, a discontinuance did not call into question third party intervention by a consumer association .

The Macron Law brought about two changes: it renamed the section of the Consumer Code on third party intervention including within it actions for damages and gave associations the possibility of joint action. Since 8 August 2015, consumer associations can thus not only join a consumer action but also “act jointly” with the consumer. If, as in the past, action by a consumer remains necessary, associations will now be able to sue traders jointly with the consumer and state their claims in the document instituting proceedings. The condition according to which the action must not be brought by the trader , but must be at the initiative of a consumer and be for compensation for harm suffered  is still valid. In order to clearly underline that the right conferred on associations is not an individual right, Recodification Ordinance No 2016-301 of 14 March 2016 again renamed the section containing Article L. 421-7 (now Article L. 621-9), which is now entitled “Joint action and third party intervention” ("Action conjointe et intervention en justice"). The text itself, however, has not been amended. According to the Court of Cassation, a consumer association may join the liability action brought by an investor against his bank without being prevented from doing so by a monopoly of investor associations empowered to act under Articles L. 452-1 et seq. of the Monetary and Financial Code .

Law 2015-990 of 6 August 2015 for growth, activity and equality of economic opportunities.

See especially CA Paris, 15 October 2015, LawLex201500001298JBJ.

Cass. com., 18 October 2017, LawLex201700001763JBJ

Cass. 1re civ., 21 February 2006, LawLex200600000663JBJ; 30 May 2006, LawLex200600001397JBJ; 27 November 2008, LawLex200800002185JBJ.

Cass. 1re civ., 30 January 2007, LawLex200700000221JBJ.

TGI Nanterre, 2 September 2003, LawLex200300004531JBJ.

CA Paris, 4 April 2007, LawLex200700000440JBJ; 20 June 2007, LawLex200700001274JBJ.

Cass. 1re civ., 11 December 2008, LawLex201400000327JBJ.

CA Angers, 15 April 2014, LawLex201400001885JBJ.

CA Rennes, 25 May 2012, LawLex201400000312JBJ.

Cass. 1re civ., 4 April 1991, LawLex200500008038JBJ.

French Consumer Law

30. Requirements for intervention

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

30. Requirements for intervention

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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