In the event of non-performance by the trader, in respect of consumers who have accepted compensation, of the decision given within the time limit set, Articles L. 623-19 and L. 623-20 are applicable and acceptance of compensation under the terms of the decision constitutes a mandate for the purposes of compensation in favour of the association.
A decree in the Council of State shall lay down the conditions for the application of this section.
The trader shall provide individual compensation for the losses suffered by each consumer, under the conditions, limits and time limits set by the judgment referred to in Article L. 623-5.
The judge who has ruled on liability shall decide any difficulties that arise in connection with the implementation of the judgment.
The applicant association represents the consumer members of the group who have not been compensated by the trader within the time-limits set, for the purposes of compulsory enforcement of the judgment ruling on the claims for compensation to which the trader has failed to respond.
All costs and proportional fees for recovery or collection provided for in article L. 111-8 du code des procédures civiles d’exécution, for the application of sections 1, 2 and 4 of this chapter, shall be borne by the professional concerned.
Only the applicant association may take part in mediation, under the conditions set out in the Chapter I of Title II of Law no. 95-125 of 8 February 1995 relating to the organisation of the courts and to civil, criminal and administrative procedure, in order to obtain compensation for the individual losses mentioned in Article L. 623-1.
Any agreement negotiated on behalf of the group is subject to approval by the judge, who checks that it complies with the interests of those to whom it is intended to apply and gives it enforceability.This agreement specifies the publicity measures necessary to inform the consumers concerned of the possibility of joining it, as well as the time limits and procedures for this membership.
Where the breaches of which the trader is accused concern compliance with the rules defined in Title II of Book IV of the Commercial Code or Articles 101 and 102 of the Treaty on the Functioning of the European Union, the professional may only be held liable in the context of the action mentioned in Article L. 623-1 only on the basis of a decision handed down against the professional…
The action provided for in Article L. 623-1 may not be brought after a period of five years from the date on which the decision referred to in Article L. 623-24 is no longer subject to appeal.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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