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

“Joint representation” actions were introduced into French law by Law 92-60 of 18 January 1992 and its implementing decree of 11 December 1992, the provisions of which were codified in Articles L. 422-1 et seq. (now L. 622-1 et seq.) and R. 442-1 et seq. (now R. 622-1 et seq.) of the Consumer Code. Inspired by the class actions in the United States, the joint representation action has been adapted …

Need for mandate from identified consumers

“Joint representation” actions were introduced into French law by Law 92-60 of 18 January 1992 and its implementing decree of 11 December 1992, the provisions of which were codified in Articles L. 422-1 et seq. (now L. 622-1 et seq.) and R. 442-1 et seq. (now R. 622-1 et seq.) of the Consumer Code. Inspired by the class actions in the United States, the joint representation action has been adapted with a view to avoiding abuses. 

Article L. 622-1 does not make the action available to lawyers, only to authorized associations, if they receive an express mandate by at least two identified individual consumers, for the reparation of individual - not collective - harm . The harm for which compensation is sought must have been caused by the same trader and have a common origin. Similarly, contrary to widespread practice in the US, such mandates cannot be solicited by way of public appeal via television or radio, or by posting on billboards, distributing tracts or by personalized letter. The case law has extended the scope of the prohibition to contact via internet . The mandate must be given in writing by each consumer and must expressly state its purpose and must empower the authorized national consumer association to institute all procedural acts on the consumer’s behalf. Under Article R. 622-2 (formerly R. 422-2), the mandate may also provide for: advance payment by the association of all, or part, of the costs and expenses relating to the proceedings, representation of the consumer during investigative measures and the possibility for the consumer association of instituting appeal procedures on the consumer’s behalf, with the exception of appeals to the Court of Cassation without having to obtain a new mandate. If the consumer revokes the mandate, the proceedings can continue as if he or she had instituted said proceedings directly, provided that the court and the opposing party have been immediately notified thereof . The court's decision is notified to the authorized national consumer organization, which must inform the consumers in question without delay and, in any event within the time-limit for bringing an appeal. The time-limit for appeal runs from the notification of the decision to the association . 

Joint representation action have not been as successful as expected due to the numerous formal constraints put in place by the legislature. After several attempts and many years of discussions, French law has, finally, adopted class actions ("action de groupe") .

For a rare example where the action was held admissible see TI Rennes, 17 April 1997, LawLex200300002593JBJ: in this case all the conditions for an action in joint representation were met, since the National Housing Confederation an authorized organization recognized as representative at the national level, had based the action on four mandates from consumers, who were identified physical persons having suffered harm by the same doorstep seller.

Cass. 1re civ., 26 May 2011, LawLex201100000932JBJ, upholding CA Paris, 22 January 2010, LawLex201000000070JBJ.

Consumer Code, Article R. 622-5 (formerly R. 422-5).

Consumer Code, Article R. 622-10 (formerly R. 422-10).

Law 2014-344 of 17 March 2014 (Hamon Law), resulting in Articles L. 423-1 et seq. of the Consumer Code (now Articles L. 623-1 et seq.).

French Consumer Law

32. Need for mandate from identified consumers

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32. Need for mandate from identified consumers

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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