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14 - Class Action à la française

from Part III - Europe

Published online by Cambridge University Press:  29 January 2021

Brian T. Fitzpatrick
Affiliation:
Vanderbilt University School of Law
Randall S. Thomas
Affiliation:
Vanderbilt University School of Law
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Summary

The introduction of a group action within the French legal system has confirmed the widespread myth of the “French exception.” Indeed the legal features of the system, and the method used to enact them are very different from any other existing collective action in comparative law. After decades of debates, France only enshrined a first group action regulation in 2014. The rules passed before this regulation authorized only associations to sue professionals in courts for damages, and it was only in the collective interest of the groups that these actions could be brought. The 2014 French group action and the ones that followed, by contrast, allow individuals to get damages. However, the French model of group action remains very restricted in scope and specific in procedure. One main reason for these limitations is due to the need to enshrine a “virtuous” model that can protect the system from the purported “vices” of the American class actions.

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The Cambridge Handbook of Class Actions
An International Survey
, pp. 247 - 271
Publisher: Cambridge University Press
Print publication year: 2021

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