Section 2: Judgment on liability

The judge shall rule on the professional’s liability in the light of the individual cases presented by the applicant association, define the group of consumers in respect of whom the professional’s liability is engaged and lay down the criteria for linking them.

The judge shall determine the losses likely to be compensated for each consumer or each of the categories of consumers making up the group he has defined, as well as their amount or all the elements allowing the assessment of these losses.

When compensation in kind for the loss seems more appropriate, the judge shall specify the conditions for its implementation by the professional.

If the judge finds that the trader is liable, the judge shall, by the same decision, order appropriate measures to inform consumers likely to belong to the group of this decision.The measures to publicise the decision shall be borne by the trader. They may only be implemented once the decision on liability is no longer subject to ordinary appeal or appeal to the Supreme Court.

In the same decision finding the trader liable, the court shall set the period within which consumers may join the group in order to obtain compensation for their loss. This period may not be less than two months nor more than six months after completion of the publicity measures ordered by the court. It sets out the procedures for this membership and specifies whether consumers apply directly to the trader…

Membership of the group shall constitute a mandate for the purposes of compensation in favour of the applicant association.Membership of the group shall not constitute or imply membership of the applicant association.

Subject to the legislative provisions relating to the handling of funds of the regulated legal professions, any sum received by way of compensation for injured parties who are members of the group shall be immediately paid into an account opened with the Caisse des dépôts et consignations. This account may only be debited to settle the case that gave rise to the deposit. .

The court shall set the time limit within which compensation must be paid to injured consumers, as well as the time limit within which claims for compensation that have not been met by the trader may be referred to it.

When ruling on liability, the judge may order the professional to pay an advance on costs not included in the costs incurred by the association, including those relating to the implementation of article L. 623-13. It may order, where it deems it necessary and compatible with the nature of the case, the deposit at the Caisse des dépôts et consignations of part of the sums owed by the professional.

The association may, with the authorisation of the judge, appoint any person belonging to a regulated legal profession, the list of which is set by decree in the Conseil d’Etat, to assist it, in particular so that it can receive claims for compensation from the members of the group and more generally so that it can represent injured consumers to the professional, with a view to their compensation.